Terms & Conditions – Win a VIP Event

The Promoter is Botanica Salamanca (Botanica) ABN 96 624 982 001, 23 Salamanca Pl, HOBART 7000.

Terms and Conditions:

Information on how to enter and competition prizes form part of these Terms and Conditions. Submission of an entry into this competition is deemed acceptance of these Terms and Conditions. Entry is via Internet only.

Entry is open to all Australian permanent residents aged 18 years and over (Entrants). Only entries from Botanica fans, who have liked or followed Botanica on Facebook or Instagram, commented on the relevant image and tagged at least one friend will be eligible. Employees, management and directors (and their immediate families) of the Promoter and its related entities, printers, suppliers, providers and agencies associated with this competition are ineligible to enter.

Competitions Dates:

Competition opens on 19 December 2018 at 10:00am AEST and closes on 31 January 2019 at 11:59pm AEST (Competition Period).  This is a game of chance and skill plays no part in successfully winning the prize.

Steps to Enter:

To enter, you must “Like” the Botanica Facebook Page or follow @botanicabar.com.au on Instagram.  You must then find and “Like” the competition post and tag at least one friend. You can enter as many times as you like, as long as you do not tag any person that has been tagged in a previous entry.

Prize:

The Prize is a Botanica Gift Card valued at $500.  The winner has an option to use the gift card for a VIP Night at Botanica that will include a tailored service, food and drink package for the winner and the winner’s guests. The winner can choose to forego the VIP Night and claim the gift card. Botanica Gift Cards are valid for 2 years from the date of issue.

Maximum total prize pool of the entire competition is valued at $500. Value of the prize includes GST where applicable.

Gift card purchases are subject availability at the time of use.

Responsible Service of Alcohol and the Liquor Licensing Act 1990

By accepting the Prize the winner acknowledges and accepts that Botanica and Botanica staff adhere to the Responsible Service of Alcohol and the Liquor Licensing 1990. Botanica staff reserve the right refuse entry to the premise and refuse service of alcohol to any person at any time as legally required.

Draw Date:

The prize will be drawn on 1 February 2019 at 10:00am, at 23 Salamanca Pl, Hobart, 7000, TAS. Judges discretion is final.

The Prize winner will be announced 1 Feb 2019 at 12.00pm AEST. The announcement will be made on Facebook and Instagram. To accept the prize the winner must respond within 2 business days by providing their full name, email address and best contact phone number via message on the same social media channel that the winning entry was placed.

The Boring Legal Stuff:

The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes. To the extent permitted by law, the Promoter is not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter or its employees or agents, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the prize winner and, where applicable, to any persons accompanying the prize winner. This clause does not affect any rights a consumer may have which are unable to be excluded under Australian law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited to the payment of the costs of having the prize supplied again.

The Major prize cannot be redeemed for cash or used in conjunction with any other competition offer. The prize is not transferable or exchangeable and is subject to availability. This prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any variation in prize value.

Facebook and Instagram entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter.

“WIN A VIP NIGHT” competition is designed for Facebook and Instagram only, via desktop computer and mobile. The Promoter accepts no responsibility for any issues associated with access.

All entries submitted become the property of the Promoter. As a condition of entering into this competition, each Entrant agrees to assign all of his or her rights, title and interest (including copyright) in and to their entry to the Promoter. Each Entrant also warrants to the Promoter that they have the authority and all permissions necessary to submit their entry into the competition, including but not limited to obtaining any required written consents and releases to reference or identify any third party in their entry (if applicable). The Entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of any of these warranties. Entrants consent to any use of their entry, which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

As a condition of entering this competition, the winner of the Prize consents to the Promoter publishing the Entrant’s name on the Promoter’s Facebook and Instagram channels as well as website.

If this competition 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the competition, and/or, if necessary, to provide an alternative prize or prizes to the same value as an original prize or prizes, subject to the approval of state and territory regulatory authorities.

Any cost associated with accessing the Facebook or Instagram page is the Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury or death, or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the competition, including, but not limited to, where arising out of the following: (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 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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; (f) the acceptance or use of a prize; and (g) any act or omission of the Promoter or its associated agencies.

An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter. The Promoter collects personal information in order to conduct the competition, to include the Entrant in the competition and, where appropriate, award prizes. The Promoter may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers, to assist in conducting the competition. If the personal information requested is not provided, the Entrant cannot participate in the competition and is deemed ineligible. Entrants should direct any request to access, update or correct information to the Promoter. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.

Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of Facebook or Instagram competition or the information on Facebook or Instagram, or to otherwise undermine the legitimate operation of this competition may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

Entrants who provide offensive, incorrect, misleading or fraudulent information are ineligible to participate in the competition. All entries of an Entrant who is deemed by the Promoter to have provided offensive, incorrect, misleading or fraudulent information will, at the discretion of the Promoter, are deemed invalid. 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) before issuing a prize and to disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the Promoter’s sole discretion, is considered to be offensive or inappropriate in any way (including any objectionable content, profanity, potentially insulting, inflammatory or defamatory statements) or that the Promoter considers, may infringe any intellectual property rights or other rights of any person, corporation or entity. This includes, but is not limited to, any entry which the Promoter considers to be disparaging to its products and/or services.