"MR BLACK X STARWARD COCKTAIL KIT" PROMOTION


TERMS AND CONDITIONS




1. Information on how to enter and the prize(s) 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 (excluding NT residents) aged 18 years or over.




3. Employees (and their immediate families) of the Promoter, participating retailers 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.




4. Entries into the promotion open on 01/03/23 and close at 11:59pm AEDT on 25/03/23 (“Promotional Period”).




5. To enter, individuals must complete the following steps during the Promotional Period:




i. visit https://mrblack.co/au/mr-black-x-starward-cocktail-kit-giveaway/ and follow the prompts to the promotion entry form;


ii. input the requested details; and


iii. submit the fully completed entry form.




6. Only one (1) entry is permitted per person.




7. 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.




8. Incomplete or indecipherable entries will be deemed invalid.




9. 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.




10. There will be two (2) draws for this promotion with entries divided into the following groups: (1) NSW entrants; and (2) all other entrants. Both draws will take place at Anisimoff Legal, Suite 5/210 Central Coast Hwy, Erina NSW 2250 on 27/03/23 at 10am AEDT.




11. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.




12. Winners will be notified by email within two (2) business days of the draw and their names will be published on https://mrblack.co/au/mr-black-x-starward-cocktail-kit-giveaway/ on 28/03/23.




13. The Promoter's decision is final and no correspondence will be entered into.




14. Prizes will be awarded as follows:


(i) The first valid entry drawn from the NSW draw; and


(ii) the first four (4) valid entries from the draw containing all other entrants, will each win a Mr Black prize pack valued at $549.84.


Prize includes:


  • -1 x Mr Black yet to be released Limited Edition 700ml ($75);
  • -1 x Mr Black Coffee Liqueur 700ml ($65);
  • -1 x Mr Black Coconuts! Rum and Coffee Liqueur 700ml ($75);
  • -1 x Starward Peated Finish Whisky 700ml ($149);
  • -1 x Starward Twofold Whisky 700ml ($69);
  • -1 x 4-piece bar tools kit (includes: 1 x Japanese Style Jigger 15ml/30ml, 1 x Boston cocktail shaker, 1 x stainless steel 4 pronged strainer) ($51.85);
  • -2 x Mr Black branded espresso martini glasses ($39.99); and
  • -2 x Mr Black branded Enamel Mugs ($25).



15. 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.




16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.




17. If any prize (or part of any 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.




18. Total prize pool value is AU$2,749.20.




19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.




20. A draw for any unclaimed prizes may take place on 26/04/23 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the draw and their names will be published on https://mrblack.co/au/mr-black-x-starward-cocktail-kit-giveaway/ on 27/04/23.




21. Entrants 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 manufactured, distributed and/or supplied by the Promoter.




22. 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.




23. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.




24. 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.




25. 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.




26. 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 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; or (f) use of / taking of the prize.




27. 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. The Promoter will also share this PI to New World Whisky Distillery Pty Ltd trading as Starward (“Starward”). Entry is conditional on providing this PI. The Promoter and Starward will also use and handle PI as set out in their Privacy Policies, which can be viewed at https://mrblack.co/au/privacy-policy/ and https://starward.com.au/policies/privacy-policy. In addition to any use that may be outlined in each Privacy Policy, the Promoter and Starward 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. Each 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. Unless otherwise indicated by the Promoter, the Promoter and Starward may disclose PI to entities outside of Australia (for a list of the countries, see the relevant Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that neither the Promoter nor Starward are liable in this regard.




28. The Promoter is Mr Black Spirits Pty Ltd (ABN 68 165 958 190) of 20F Lucca Road, Wyong, NSW 2259, email au@mrblack.co.




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