Couldn’t find the full terms and conditions online so I emailed them, asked for the t&c’s and they sent me them as a pdf instead. I have copied and pasted them below-
THE KIMBERLY YOU HAVENT SEEN” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and details of the Prize (defined below) form part of these Terms
and Conditions. Participation in this promotion is deemed acceptance of these Terms and
Conditions.
2. Entry is only open to Australian residents aged 18 years or over (excluding NT residents).
Employees (and their immediate families) of the Promoter, the Prize Partner 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.
3. Promotion commences at 12:01am AEST on 10/07/2024 and final entries close at 11:59pm
AEST on 04/09/2024 (excluding entries via a Promotional Stand, as defined below). Entries at
Promotional Stand (including cellar doors and events) will open at 9:00am (local time) on
10/07/2024 and end at close of business on 04/09/2024. Both promotional periods are
collectively referred to herein as “Promotional Period”.
4. A “Promotional Stand” is any of the Promoter’s promotional stand activations set-up at cellar
doors and events during the Promotional Period. A full list of Promotional Stand locations can
be found at http://www.wineselectors.com.au/customer-service/cellar-door…
door-locations.
5. 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.
6. 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.
How to Enter
7. To receive one (1) entry into the draw, individuals must complete one (1) of the following
entry methods during the applicable Promotional Period:
(a) Promotional Email (only available to individuals who receive a promotional email
about this promotion directly from the Promoter): click on the link provided in the
promotional email to access the entry form, fully and accurately complete the entry
form with all of the requested details (including their full name, telephone number,
postcode, and a valid email address), confirm they are aged 18 years or over by ticking
the relevant tick box, and submit the fully completed entry form so that it is received
during the applicable Promotional Period; OR
(b) Promotional Stand: visit a Promotional Stand, fully complete the official entry form
found at:
A) the Promotional Stand; or
B) the website accessible through a QR code printed on promotional material,
including all of the requested details (including their full name, telephone number,
postcode, and a valid email address), confirm they are aged 18 years or over by ticking
the relevant tick box, and place the fully completed entry form in the entry box
provided at the Promotional Stand (or submit the fully completed entry form if
entering via QR Code/Website) during the applicable Promotional Period. Entry will
also be valid at any additional ad-hoc Promotional Stands that the Promoter
organises, at their discretion, throughout the Promotional Period; OR
(c) Online: visit either the Promoter’s website at www.wineselectors.com.au/win or
any affiliated website that advertises this promotion and links to the promotional
entry page, follow the prompts to the promotional entry page, input the requested
details (including their full name, telephone number, postcode, and a valid email
address), confirm they are aged 18 years or over by ticking the relevant tick box, and
submit the fully completed entry form so that it is received during the applicable
Promotional Period; OR
d) Purchase a twelve (12) month or three (3) year subscription to Selector Magazine
(“Qualifying Subscription”). Purchases can be made online via
www.wineselectors.com.au, over the phone on 1300 303 307, at authorised
Promotional Stands, via mail or via fax (see the website for full details on purchase
options) or via isubscribe on their website isubscribe.com.au or by phone at 1300 303
619. Only available to individuals who are not an existing subscriber of Selector
Magazine prior to the Promotional Period.
8. Incomplete, illegible or indecipherable entries will be deemed invalid.
9. Only one (1) entry is permitted per person.
The Prize
10. The prize is valued up to AU$36,990.00 and may be subject to fluctuation as the Prize Partner
has a flexible pricing system and all prices are capacity controlled and subject to availability.
Value is correct as at 13/06/2024.
11. The first valid entry drawn, from all valid entries received, will win a 10-night Kimberley
expedition aboard PASPALEY PEARL, the newest and only boutique expedition vessel in the
Kimberley for two (2) adults aged 18 years or over operated by the Prize Partner, (“Prize”). The
inclusions are:
All meals – menus designed by the famed Serge Dansereau, formerly of Bathers Pavilion;
Open Bar including French champagne (Lallier R.020), wine (including Bunnamagoo Estate),
beer, spirits, cocktails, and non-alcoholic beverages;
Complimentary and unlimited Wi-Fi (connectivity dependent on navigation and latitude);
Shore landings and exploration vessel outings guided by a team of expert expedition guides;
Kimberley Visitor Passes;
Entry fees to National and Marine Parks;
Use of fishing equipment;
Transfer from Broome City Centre to Port – Embarkation 21/07/25;
Transfer to Wyndham Port to Kununurra Airport/Town Centre – Disembarkation 31/07/25;
and
Port taxes and charges.
12. The prize does not include flights. The prize-winner and their companion will be responsible
for flights and all other travel costs to and from the departure point. Spending money, taxes,
additional accommodation, transfers, travel insurance, costs of vaccinations/travel
documentation (such as a government entry permit), additional meals and beverages, items of
a personal nature, in-room charges and other expenses not specified as part of the prize.
13. Redemption of the Prize is subject to:
a. the Prize Partner’s Terms and Conditions; and
b. the standard terms and conditions of any additional individual prize and service
providers.
14. The Promoter and the Prize Partner hereby expressly reserve the right to eject the winner
(and/or their companion) for any inappropriate behaviour, including but not limited to
intoxication, whilst participating in any element of the Prize.
15. Prize is only valid for redemption with the Prize Partner for the 10-night Kimberley expedition
aboard PASPALEY PEARL, set out in clause 11 above. In the event that the winner is unable to
take the Prize, then the Prize will be forfeited by the winner. The cruise booking will be
arranged by the Prize Partner and changes to the booking will be made by the winner subject
to the Prize Partner’s discretion.
16. It is the responsibility of the winner and their travel companion to ensure they have the correct
travel documents, vaccination requirements, COVID tests and insurance prior to travelling.
The winner and their travel companion must depart from and return to the same departure
point and travel together. Itinerary to be determined by the Promoter in its absolute
discretion. The winner may be required to present their credit card at time of accommodation
check in.
17. Travel is subject to any international travel restrictions. If travel restrictions are in place at the
time of departure, the prize validity will be reviewed by the Prize Partner and the Promoter.
The Prize Partner and the Promotor make no representation as to the safety, conditions or
other issues that may exist at any destination. In the event of war, terrorism, state of
emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel,
terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject
to any written directions from a relevant regulatory authority.
18. Prize must be taken as offered. This Prize is non-negotiable, non-transferable, non-
exchangeable for cash in part or in full (except where cash is specified), and may not be sold to
any third party, unless otherwise specified.
19. Subject to the unclaimed prize draw clause, in the event that for any reason whatsoever the
winner does not take/redeem the Prize (or an element of the Prize) at the time stipulated by
the Promoter and/or the Prize Partner, then the Prize (or that element of the Prize) will be
forfeited by the winner and cash will not be awarded in lieu of the Prize.
20. If the Prize (or part of the Prize) is unavailable, the Promoter, in its discretion, reserves the right
to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or
specification, subject to any written directions from a regulatory authority.
Prize Draw
21. The draw will take place at Anisimoff Legal, 3 Amy Close, Wyong, NSW 2259 on 09/10/2024
at 10:00am AEDT, in the presence of a scrutineer. Anisimoff Legal, on behalf of the Promoter,
may draw additional reserve entries and record them in order in case an invalid entry or
ineligible entrant is drawn. The winner will be notified via phone and in writing within two (2)
business days of the draw. The winner’s details (first initial, surname and postcode) will be
published online at https://www.wineselectors.com.au/competitions/competition-wi…
from 11/10/24.
22. A draw for the Prize, if unclaimed, may take place on 11/11/2024 at the same time and place
as the original draw, subject to any directions from a regulatory authority. The winner (if one
is required) will be notified via phone and in writing within two (2) business days of the draw,
and the winner’s details (first initial, surname and postcode) will be published online at
www.wineselectors.com.au/About-Wine-Selectors/Competition-Wi… from 13/11/2024.
Additional Terms
23. The total prize pool value is up to AU$36,990.00.
24. The Promoter’s decision is final and no correspondence will be entered into.
25. By entering this promotion, the winner agrees to participate in any publicity arrangements
made by or on the behalf of the Promoter and the Prize Partner.
26. Entrants consent to the Promoter and the Prize Partner using the entrant's 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 or the Prize Partner.
27. 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.
28. Any cost associated with accessing a promotional website or the Internet in relation to this
promotion is the entrant’s responsibility and is dependent on the Internet service provider
used.
29. 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.
30. 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, unauthorized 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 the Prize value to that stated in these Terms and
Conditions; (e) if a Promotional Stand is not present or is relocated for any reason beyond the
reasonable control of the Promoter; (f) if the cruise (or any element of the cruise) is delayed,
postponed or cancelled for any reason beyond the reasonable control of the Promoter; (g) any
tax liability incurred by a winner or entrant; or (h) taking/use of the Prize.
31. 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
http://www.wineselectors.com.au/Terms-and-Conditions/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 laws 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 entrant’s
PI to any entity outside of Australia.
32. By entering the Promotion and without limiting clause 31 above, entrants also agree for their
PI to be shared with the Prize Partner for administering the Prize and marketing purposes. The
Prize Partner will use and handle your personal information in accordance with its privacy
policy which can be found at https://paspaleypearlbyponant.com.au/privacy-policy/.
33. The Promoter is Australian Wine Selectors Pty Ltd (ABN 64 056 402 772) of 1 Wright Lane,
Honeysuckle, Newcastle NSW 2300. Telephone: 1300 303 307 (“Promoter”).
34. The Prize partner is Compagnie du Ponant Pty Ltd ABN 35 166 676 517) of Lower ground floor,
165 Walker Street, North Sydney, 2060 Australia (“Prize Partner”).
ACT Permit No. TP24/ 01347. SA Permit No. T24/ 1051. NSW Authority Number TP/03358.
They will call and try and get you to subscribe to their boxes fyi