Merivale Trifecta Competition (Promotion) – Conditions of Entry

1. Information on how to enter, the mechanics of applying to participate in the Promotion and prizes, form part of these Conditions of Entry. Application to participate in the Promotion (each an Application) is deemed acceptance of these Conditions of Entry. The promoter of the Promotion is Hemmes Trading Pty Ltd ABN 29 105 332 652 trading as Merivale of 320 George Street, Sydney, 2000 (Merivale, the Promoter).

2. Application to participate in the Promotion is only open to NSW residents and who are aged 18 years and over (each a Participant). Each of the directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the development and conduct of this Promotion are ineligible to participate in the Promotion.

3. No purchase or payment by any Participant is necessary to enter into or win under the Promotion.

HOW TO ENTER THE PROMOTION

4. Applications to participate in the Promotion may be submitted via the Merivale wifi portal on Tuesday 6th November before midnight.

There will be one (1) winner chosen from all entries, drawn on Monday, November 12th.

5. To participate in the Promotion, Participants must, during an Entry Period, answer what their favourite venue from the list of venues provided (Mr. Wong, Fred’s, Hotel Centennial, est., Felix, Bert’s Bar & Brasserie, uccello) is and why. Participants may submit an Application via the Merivale wifi portal only.

Each Participant must submit only original content in its Application. Participants may not submit more than one Application.

6. The Promoter reserves the right, in its absolute discretion at any time, to verify the validity of the content of any Application and any details regarding a Participant (including a Participant’s identity, age and place of residence) and to disqualify any Participant who submits an Application that is not in accordance with these Conditions of Entry or who tampers with the Application process. Failure or delay by or on behalf of the Promoter to enforce any of its rights at any stage does not constitute a waiver or release of any of those rights.

7. Any Application that contains content that the Promoter, in its sole discretion, considers to be offensive, inappropriate, promotes or encourages irresponsible consumption of alcohol or is objectionable in any way or that does or may infringe any intellectual property rights or other rights of any person, corporation or entity, or is otherwise contrary to the law, will not be accepted as an eligible Application. This includes, but is not limited to, any Application which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the Promotion.

8. By uploading, commenting or otherwise making available any content in connection with the Promotion (including by submitting an Application), the Participant grants to the Promoter a non- exclusive, worldwide, royalty free, perpetual licence to use, publish, reproduce and otherwise exploit that content or any part thereof, in any form for any purpose.

9. If there is a dispute as to the identity of a Participant, the Promoter reserves the right, in its absolute discretion, to determine the identity of the Participant and/or to reject or render invalid that Participant’s Application.

WINNER DETERMINATION

10. The Promoter will select one (1) winner in accordance with this clause 10 on the dates set out in clause 4.

The winning Participant will be announced via email to the winning Participant.

The winning Participant is then required to contact the Promoter via email to accept the prize.

11. The one valid Applications that is the most creative, inspirational and relevant, as determined by the Promoter in its absolute discretion, will be the winning Application. Judging by the Promotor will take place at 320 George Street, Sydney NSW 2000 on the dates set out in clause 4.

This is a game of skill and chance plays no part in determining the winners.

12. The determination by the Promoter as referred to in clause 11 is and will remain final, and no correspondence will be entered into in that regard.

13. Each winning Participant will win one (1) prize containing:
• 1 x $3,000 Merivale gift cards to use in the 3 venues mentioned in the entry question
• The prize is valued at RRP $3,000 (incl. GST).

The winning Participant will be advised how to collect their prize via email. The winner as determined in accordance with clause 11, will be solely responsible for claiming the prize. Without limiting the Promoter’s other rights in these Conditions of Entry, if a winning Participant does not show proof of identification to the Promoter’s reasonable satisfaction (or to the reasonable satisfaction of the Promoter’s representative) when claiming their prize, the Promoter (or their representative) has the right, at their absolute discretion, to refuse to allow the Participant to receive their prize.

14. Total maximum prize pool value is $3,000. A prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prize must be taken as offered and cannot be varied (except by the Promoter in accordance with clause 21). The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are based on the recommended retail price including GST (where applicable) for the items that constitute the prize won.

15. The Promoter will not be responsible to cover any other costs related to claiming the prize at the event. e.g. travel costs to the venue, etc.

16. If for any reason a winner does not redeem the prize in accordance with clause 13, then the prize will be forfeited. The Promoter is not willing to award an alternative prize if a winning Participant does not redeem the prize in accordance with clause 13.

17. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.

GENERAL

18. Participants 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/services (including venues) manufactured, distributed and/or supplied by the Promoter.

19. 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 absolute discretion, to the fullest extent permitted by law: (a) to disqualify any Participant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.

20. Any cost associated with entering the Promotion by a Participant, is and will be that Participant’s responsibility.

21. The Promoter (including each of their officers, employees and agents) will not be liable for any loss, damage or personal injury (including liability in negligence) or any loss of opportunity whether direct, indirect, special or consequential arising in any way out of a Participant’s participation in the Promotion except for any liability which cannot be excluded by law.

22. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any similar consumer protection laws in the State and Territories of Australia.

23. Each Participant, by and upon submitting an Application, acknowledges that:
(a) this Promotion is subject to the laws of the State of New South Wales to the exclusion of any other law; and
(b) any dispute arising under these Conditions of Entry or otherwise in respect of this Promotion, will be submitted to and determined by to the exclusive jurisdiction of the courts of New South Wales.

24. The Promoter encourages consumers to consume alcohol in moderation. Legal aged consumers are advised to consider the ‘low risk drinking’ guidelines recommended in the National Health & Medical Research Council Australian Alcohol Guidelines which states: for healthy men and women, drinking no more than two (2) standard drinks on any day reduces your risk of harm from alcohol-related disease or injury over a lifetime. Drinking no more than four (4) standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. A full version of the guidelines is available at: http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10- alcohol.pdf. Participation in the promotion is subject to relevant liquor legislation in each applicable State or Territory, including responsible service of alcohol. Consumers are also encouraged to visit the Australian Government’s information site for alcohol at www.alcohol.gov.au.

25. By entering into the Promotion and/or providing the Promoter with their contact details, a Participant thereby consents, without the requirement for any further act or omission, to the Promoter contacting them for marketing purposes. The Promoter’s use of any or all of a Participant’s personal information will be in accordance with the Privacy Policy, available here http://merivale.com.au/privacypolicy/.

26. Any agreement, covenant, representation, warranty or indemnity by a Participant or the Promotor binds them severally. Any agreement, covenant, representation, warranty or indemnity in favour of the Promotor is for the benefit of each Promotor jointly and severally.