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Terms & Conditions

1. Website Terms of Use

2. General Terms of Purchase

3. Rumbassador Club Membership Programme 2016

4. Rum Rewards

5. Game Face Competition

6. Bundaberg Rum State of Origin Biggest Fan

7. Discover Your Bundy Promotion 

Website Terms of Use

Any use by you of the website operated by Bundaberg Rum at www.bundabergrum.com.au (the “Site”) is conditional upon your acceptance of these Website Terms & Conditions of Use, General Terms and Conditions of Purchase, The Rum Reward Terms and Conditions, including our Privacy and Cookie Notice (collectively, “Terms & Conditions”). We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability. The Site is operated by a member of the Diageo group of companies, the ultimate holding company of which is Diageo plc (registered in England and Wales with company number 23307 and registered address at 8 Henrietta Place, London W1G 0NB, United Kingdom).

The Site is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately.

You may restrict access to this site using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.

IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.

All references to 'our', 'us', 'we', or ‘company’ within these Terms & Conditions are deemed to refer to Diageo plc, its subsidiaries, affiliates and associates.

1. RIGHTS

All rights in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Terms & Conditions.

2. Intellectual Property

Unless otherwise indicated, we are the owner and/or authorised user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the Site. Except as provided in these Terms & Conditions, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Intellectual Property is prohibited.

3. Restrictions on Use

Except as expressly authorised by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, or to use it for commercial purposes

4. Terms of Use and Acceptable Usage Policy Relating To Public Forums

The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of Linked Content from Interfacing Sites (as described in Section 5 below) (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“Postings”). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.

We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse.

The following examples constitute misuse of the Site:

  • using the Site for any improper, unlawful, or immoral purpose,
  • causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardised or impaired;
  • using the Site to create, host, or transmit (whether in a Public Forum or otherwise) any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex;
  • using the Site to harm or attempt to harm minors in any way;
  • using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
  • using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party;
  • using the Site to create, host, or transmit unsolicited advertising material to other users;
  • using the Site to create, host, or transmit any material that harasses another;
  • using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like; 
  • adding, removing, or modifying identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead;
  • using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
  • using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
  • using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking;
  • reselling, repurposing, or redistributing any Intellectual Property provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use;
  • encouraging, condoning, or glamorising under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages;
  • disclosing any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived); and
  • violation of the terms of use associated with an Interfacing Site.

This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Site or Public Forums that may result in the restriction, suspension, or termination of your use of the Site or Public Forums. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.

Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.

You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.

We are not responsible for maintaining your Postings and we may delete or destroy them at any time.

CONTENT, INFORMATION, AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS.

The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

5. Interfacing Sites

You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.

We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites. We reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Terms & Conditions or the applicable terms of use on the Interfacing Site.

To utilise some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilise the functionality provided by the Site.

In addition to these Terms & Conditions, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Website.

6. Materials submitted by you

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.

7. Accounts and Security

We may enable you to establish an account with a username and password to access and use certain areas of the Site, Public Forums, and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

8. NO WARRANTIES

THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE SITE.

9. THIRD PARTY GOODS AND SERVICES

WE DO NOT ENDORSE, ACT ON BEHALF OF OR INDEMNIFY THOSE PERSONS, COMPANIES, AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.

10. Your responsibility

You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.

In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.

11. NO LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, REGARDLESS OF WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER WE ARE OR HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (AUS).

12. User Information

In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy and Cookie Notice. You acknowledge and agree that you are solely reponsible for the accuracy and content of the User Information.

13. Indemnity

You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Terms & Conditions, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defences.

14. Restriction, Suspension and Termination

We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Terms & Conditions. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms & Conditions.

15. Entire Agreement

These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the terms and conditions of any such license agreements. Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms & Conditions to any third party or parties at any time.

16. Copyright And IP Agent

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of the alleged infringing activity and where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Copyright Agent:

Diageo North America, Inc., 801 Main Avenue, Norwalk, CT 06851. Attn: Evan Gourvitz, Sr. Counsel Litigation, Intellectual Property, Telephone No: 01 203 2294264, Facsimile No: 203-229-8925, Email: copyright@diageo.com.

We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.

17. Export Controls

To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the U.S. Treasury Department's Specially Designated Nationals list, or © in violation of the U.S. Commerce Department's Table of Denial Orders.

18. Law and Jurisdiction

These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by the laws of New South Wales without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms & Conditions that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of the courts sitting in New South Wales, and you hereby irrevocably consent to the jurisdiction of such courts.

14 May 2015

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GENERAL TERMS AND CONDITIONS OF PURCHASE ("Conditions")

These Conditions apply to any sale by Diageo Australia Limited or any related body corporate of Diageo Australia Limited including the Bundaberg Distilling Company Pty Ltd ("Diageo”) to You, the customer, of Goods or Services purchased online from Diageo. You acknowledge that sales of alcohol made through the Website are made by the Bundaberg Distilling Company Pty Ltd in accordance with its QLD liquor licence number 180574 and are delivered from 37 Avenue Street Bundaberg East QLD 4670. Sales of non-alcohol products are made by Bundaberg Distilling Company Pty Ltd and delivered from Whittred Street, Bundaberg, Queensland.

By placing an order with Diageo, You agree to be bound by these Conditions.

Please read these Conditions carefully before placing Your Order. These Conditions will apply notwithstanding anything which may be stated to the contrary on Your Order and can only be varied by Diageo and You agreeing to the variation in writing. No course of dealings between Diageo and You will add to or replace any of these Conditions.

1. INTERPRETATION

In these general conditions of purchase ("Conditions”) the following words have the following meanings:

(a)         “Blend Your Own Rum Experience Tour” means the blend your own rum experience tour held at the Bundaberg Distillery  (currently located at Whittred Street Bundaberg, Queensland Australia or such other address as may be notified on the Website) which is subject to the Special Tour Conditions in clause 9 below and further information about the Blend Your Own Rum Experience Tour which must be read prior to placement of an order can be found here

(b)         "Contract” means a contract (which includes these Conditions) between Diageo and You for the purchase of Goods and/or Services, which are the subject of the Order;

(c)         "Delivery Address” means the address specified for delivery of the Goods or Services to You which is specified in the Order (but which cannot be a PO Box);

(d)         “Gift Voucher” means a gift voucher for purchase of Goods and/or Services in the Bondstore (located at Bundaberg Queensland) or the Webstore;

(e)         "Goods” means the goods described in the Order;

(f)          "GST” has the same meaning as appears in A New Tax System (Goods & Services) Act 1999;

(g)         "Order” means an order for the Goods and/or Services placed by You online using Webstore;

(h)         "Services” means the services (if any) described in the Order;

(i)           "Special Tour Conditions” means the conditions set out in Clause 9 which detail the additional conditions relevant to the purchase of Tickets;

(j)           “Tour” means a tour of the Bundaberg Distillery and Bondstore (currently located at Whittred Street Bundaberg, Queensland Australia or such other address as may be notified on the Website) which is subject to the Special Tour Conditions in clause 9;

(k)         "Tickets” means tickets purchased from the Website which entitle the holder to a Tour or (where relevant) a Blend Your Own Rum Experience Tour;

(l)            “Website” means www.bundabergrum.com.au; and

(m)        “Webstore” means the online facility for placing Orders on the Website; and

(n)         "You” or “Your” means the person who has completed the Order.

2. THE CONTRACT

Your Order is deemed to be an offer by You to buy the Goods and /or the Services referred to in that Order. Diageo shall not be liable to You and is not obligated to supply any of those Goods and / or the Services until the Order is accepted by Diageo. Diageo will accept your Order when Diageo issues You with written confirmation regarding your Order.

3. ORDERS

3.1. You must either create an account for logging into the Webstore, or enter the Webstore as a guest, prior to placing an Order on the Webstore.

3.2. In making an Order, You warrant: (a) You are at least 18 years of age and are not otherwise prohibited from entering into a contract with Diageo. (b) where the Goods involve the purchase of alcoholic beverages, any person that You are obtaining the Goods for or, will supply the Goods to, will be lawful age for alcohol consumption in the place in which the Goods are to be consumed; (c) where the Goods or Services includes the purchase of Tour Tickets, that You have read, understood and agree to be bound by each of the Special Tour Conditions; (d) that You will keep secret Your Webstore log on and/or account details, and that You release and indemnify Diageo in relation to any liability arising out of the unauthorised use of Your log on and/or account details; and (e) all information provided by You in the Order is true and accurate.

3.3. The Diageo delivery service in respect of Goods ordered is restricted to Australia only, however there are certain restrictions on deliveries to particular areas of Australia as set out below. If You nominate a Delivery Address that is not within the boundaries of its nominated delivery area, Diageo will not be obliged to deliver the Goods ordered to You and shall refund You any payment made in respect of such Order.

State Postcode
QLD We will not deliver to the following dry zones: 4605, 4713, 4815, 4816, Mornington Island and Doomadgee in 4825, 4830, 4871, Wujal Wujal Community in 4873, 4874, 4876 and 4895
NT We will only deliver to the areas of: 0800, 0810, 0812, 0820, 0829, 0830, 0832
WA We will not deliver to the following postcodes: 6718, Bayulu community in 6728, 6740, 6743, 6753, 6758, 6760, 6765, 6770, 6798, 6799

4. ACCEPTANCE OF ORDERS

4.1. All Orders submitted on the Website via the Webstore are accepted at the discretion of Diageo. Additional terms and conditions in clause 10 apply to Orders for Goods which are personalised labels.

4.2. Diageo may in its discretion reject or cancel an Order at any time (even if accepted) for any reason including but not limited to (a) any payment made by You being cancelled, dishonoured or reversed or (b) if the Goods/Services the subject of Your Order are not available or (c) a manifest error on the Website in respect of pricing of the Goods/Services in question. In the event of cancellation (except in the circumstances set out in (a) Diageo will refund the purchase price You paid.

5. DELIVERY

5.1. All Goods will be delivered to You at the Delivery Address during normal trading hours.

5.2. Diageo will take reasonable precaution to ensure that all Goods supplied accord with the Order, are in good condition and are protected against damage and deterioration in transit. The risk of loss or damage to the Goods is accepted by Diageo up to the point of being delivered to the Delivery Address, where such risk of loss or damage then passes to You. Title to the Goods passes to You upon being delivered to the Delivery Address.

5.3. Diageo will use all reasonable endeavours to ensure that couriers and delivery companies shall deliver Goods to You in a timely manner. You acknowledge that all delivery times quoted (whether on the Webstore or in correspondence from Diageo) are a guide only and actual delivery times may vary. From time to time there may be delays in delivery and we may take longer to deliver due to stock shortages or other unexpected reasons. We will notify You as soon as possible if we are unable to dispatch Your Order.

5.4. Diageo takes no responsibility for Goods (or the cost of delivery of such Goods) dispatched to a Delivery Address should You have provided incorrect or incomplete address details in Your Order. You agree to accept all delivery costs incurred in Diageo resending the Goods to the correct Delivery Address.

5.5. Anyone present at the Delivery Address nominated (provided they are over 18 years of age) may receive the Goods and may be required to provide their name and signature. You undertake to Diageo to ensure that any person authorised to accept delivery is not under the age of eighteen (18) years of age. Diageo may request proof of age from the person who receives the Goods and may refuse to deliver the Goods to anyone unable or unwilling to provide evidence of proof of age.

5.6. If the Order contains specific delivery instructions, Diageo will use reasonable endeavours to ensure couriers and delivery companies acting on its behalf are provided with such information to meet such specific delivery instructions provided they are (a) in accordance with Diageo’s Codes and Standards (such Diageo Codes and Standards being available at www.diageo.com) and (b) in accordance with the terms of engagement of Diageo’s couriers and delivery companies.

5.7. Diageo accepts no responsibility for delivery of Goods pursuant to an Order placed due to unlawful use of Your credit card or Your Webstore log on details and You undertake to keep such details safe.

5.8. Diageo cannot accept Orders for Bundaberg 33OP as (due to the ABV) this product is deemed to be flammable and therefore prohibited from being delivered via the postal system.

6. PRICE AND PAYMENT

6.1. All pricing on the Webstore is in Australian Dollars (AUD) and is inclusive of GST.

6.2. Prices payable for any product on the Website are subject to variation without notice from time to time. The price payable for any product on the Website shall be the price on the Website applicable on the date the Order is placed (subject to manifest error). You also agree to pay the delivery fee specified in the Order which will be calculated during the checkout process and added to the Order before You place Your Order on the Webstore.

6.3. You must pay for the Goods and / or the Services at the time of submitting Your Order as payment must be received in full before the Order will be processed. Diageo accepts valid Visa, Mastercard and Gift Vouchers as well as payment via Paypal on the Webstore. Diageo does not accept cash, cheque, bankcard, American Express or other payment methods for the payment of the Goods and / or Services made via the Webstore. If Paypal is used for payment then Paypal should be contacted about any payment queries and You should refer to their terms and conditions. It is Your responsibility to maintain security of Your Paypal account.

7. RETURNS AND REFUNDS

7.1. Once placed via the Webstore an Order cannot be changed or cancelled due to Your change of mind. However in the event You order the wrong size item of clothing, please call the customer service number 07 4131 2989 to log Your request within 30 days of purchase. Then, provided You pay the cost of return to the Whittred Street address for the item (and it is unworn and in saleable condition) we may replace it with the size You require with such re-delivery costs met by You. No other returns or refunds will be made or offered, other than where such refund is a remedy in accordance with Your statutory rights, as set out below. Please note that returns of alcohol cannot be made in person at the Bondstore or otherwise, however clothing purchased via the Webstore can be replaced in person at the Bondstore with the size your require (provided it is unworn and in saleable condition and subject always to the availability of such item of clothing) within 30 days of purchase. No other returns, or refunds, will be made or offered at the Bondstore for items purchased via the Webstore; please call the consumer service number 07 4131 2989 in accordance with the rest of this clause 7.

7.2. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if services supplied by us to You fail to meet a consumer guarantee.

7.3. If the Goods are faulty or damaged due to a manufacturing defect or default, or we deliver incorrect Goods or otherwise breach the consumer guarantees please contact Diageo’s customer service number 07 4131 2989. Returns will not be accepted if the fault or damage has been caused by You or a third party (whether by accident or neglect) after delivery.

7.4. Following Your call to customer services we may require You to provide photographic evidence of the fault, issue or concern You have in respect of the Goods/Services and/or we may request that You return the faulty, damaged or incorrect Goods (for inspection and/or replacement) to such Diageo address as will be notified to You.

7.5. Following the return of the Goods (if required) in accordance with this clause 7, and subject to applicable law, we will at our option either: (a) refund the price paid under the Order for such faulty, damaged or incorrect Goods (including costs of delivery and the costs You incurred in returning the Goods to us); or (b) replace the Goods with an identical or comparable item.

7.6. Please note that an item of Goods which is a personalised label will be subject to the additional conditions in clause 10.

8. LIABILITY

Without excluding, restricting or modifying the rights and remedies to which You may be entitled under the Australian Consumer Law and to the extent permitted by law:

8.1. Diageo excludes all other implied terms and warranties from these Conditions;

8.2. Diageo does not accept any liability under these Conditions for matters outside of its direct control or which are not preventable by reasonable diligence on our part (including without limitation, fire, floods, unusually severe weather and acts of god);

8.3. Diageo is not responsible for any loss or damage suffered due to a delay in Goods being delivered to the Delivery Address; and

8.4. Diageo will not be liable to You for special, indirect losses or consequential losses (or other losses You may suffer which do not arise in the ordinary course of things) arising from or in connection with this agreement whether in contract, tort or otherwise (including loss of revenue, profit, other economic losses or loss or corruption of data).

9. SPECIAL CONDITIONS FOR THE PURCHASE OF BARRELS (WHEN AVAILABLE ONLY)

9.1.   Diageo has 40 x 300 litre barrels available for sale at $350 each (inclusive of GST), which were used in the maturation process for Bundaberg Rum (“Barrel”). The Barrels are not all of a uniform size, shape or colour and no guarantee can be made as to the physical appearance of the Barrel you purchase and are allocated. Any images of Barrels are for indicative purposes only. You acknowledge the Barrels are for display purposes only - they have been “dried out” and a hole has been drilled into one side so they are not suitable for storing or maturing spirits.

9.2.   The Barrels are only available for sale to current Rumbassador members (in their current membership period during the period the Barrels are available for sale), from 15 October 2016 and, subject to availability, to 31 October 2016. In the event there are Barrels left after this period, these will be available to purchase by the public in person at the Bundaberg Distillery (no online sales of Barrels are available).

9.3.   Upon payment you must (that same day) collect a Barrel from the distillery location notified to you by Diageo. You may not have a choice presented to you of Barrels. Risk and title passes to you upon payment.

9.4.   You acknowledge that a Barrel is a large, heavy item and it is your sole responsibility to get the Barrel into your vehicle and secure it for transport. Diageo employees cannot assist you with lifting the Barrel and Diageo accepts no liability for personal injury or property damage which may be caused by you manoeuvring the Barrel, which you acknowledge is done entirely at your own risk.  

9.5.   Refunds:

9.5.1. Once placed, an Order for a Barrel cannot be changed or cancelled due to Your change of mind.

9.5.2. Barrels come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a full refund for a breach of guarantees which cannot be excluded (for example if the Barrel fails to be of acceptable quality). Due to the limited number of Barrels we cannot offer a replacement Barrel. To the full extent permitted by law all other warranties, conditions and other terms (express or implied) are excluded.

9.5.3. If we breach the consumer guarantees (for example if the Barrel is not of acceptable quality), please contact Diageo’s customer service number 07 4131 2989. Refunds will not be provided if the damage has been caused by You or a third party (whether by accident or neglect) after risk has passed to you, or (subject to law) if the defect arises more than 12 months after purchase.

9.5.4. Following Your call to customer services we may require You to provide photographic evidence of the fault, issue or concern You have in respect of the Barrel as well as proof of your date of purchase.

9.5.5. Provided Diageo is satisfied there was a breach of the consumer guarantees, (subject to law, within 12 months of purchase) a full refund will be provided.  

10. SPECIAL CONDITIONS FOR TOURS AND BLEND YOUR OWN RUM EXPERIENCE TOURS

10.1. General (a) If you wish to access the free Wi-Fi at the Distillery this is subject to the Wi-Fi terms and conditions.

(b) If you use the hashtag #homeofbundy #bundabergrumdistillery #bundyrumdistillery #bundydistillery when uploading photographs to social media we may feature the image on the Bundaberg Rum Distillery TV screens (with your username) and we may also feature the image on the www.bundabergrum.com.au website.

10.2. Entry:

(a) Entry to the Tour is granted by presenting the relevant Ticket, with identification required for concession tickets or children’s tickets. Tickets for a Tour may be purchased for persons under the age of 18 years of age, but a responsible adult (with their own Ticket for the Tour) must supervise such persons at all times during the Tour.

(b) Entry to the Blend Your Own Rum Experience Tour is granted by presenting the relevant Ticket, with proof of age identification if requested by the Distillery. Tickets for a Blend Your Own Rum Experience Tour may only be purchased for, and the Blend Your Own Rum Experience Tour must only be attended by, persons at least 18 years of age and older.

10.3. Blend Your Own Rum Experience Tour specific conditions:

(a) Details: The Blend Your Own Rum Experience Tour takes approximately 2.5 hours (or just over 3 if You choose to visit the Museum Experience too) and includes 2 personalised bottles containing Your individual blend and two tastings from the Bundaberg Rum range at the end of the Blend Your Own Rum Experience Tour. We recommend that You arrive 45 minutes prior to Your booking, to allow time to visit the Museum Experience.

(b) Bookings: The Blend Your Own Rum Experience Tour:

(i) is only available on Saturdays at 2:00pm (subject to availability); (ii) is limited to 16 attendees per Blend Your Own Rum Experience Tour; and (iii) bookings must be made at least one week in advance to allow for Your personalised labels to be created,

(c) Personalised label: The personalised labels for Your two bottles of blended rum will be exactly the same. You have 12 characters of space for Your name to be printed on the label. The word “Blend” will be present on all labels after Your name and is not included in the 12 character word limit (for example if you use Your first name (which is recommended by Diageo), the name “Jane’s Blend” will use 6 characters). All personalised labels are subject to clause 10 below.

(d) Personalised blend: Your two bottles filled with Your blend will be provided at the end of the Blend Your Own Rum Experience Tour. Both of Your bottles must be filled with the same blend.

(e) Numbering of bottles: bottle numbers for Your blended rum cannot be requested. Your blend will be bottled in sequential order. Therefore the first two bottles You fill with Your blend on the Blend Your Own Rum Experience Tour will be labelled 1 and 2 and any re-orders you place (via telephone at a cost of $125 per bottle plus postage) for Your blended rum will be numbered on and from 3.

10.4. General:

(a) Tickets which are lost or damaged may be replaced upon contacting the customer service number 07 4131 2989. In the event a Tour or Blend Your Own Rum Experience Tour cannot go ahead on the date set out on the Ticket (including but not limited to maintenance or special events) then Diageo will contact You to arrange a refund or reschedule of the Tour or Blend Your Own Rum Experience Tour (as relevant).

(b) If you are no longer able to attend a Blend Your Own Rum Experience Tour for unforeseen circumstances (not for a change of mind) please let us know. If you contact us within 48 hours of the Blend Your Own Rum Experience Tour date we will reschedule you to another Blend Your Own Rum Experience Tour date. If you contact us at least 48 hours prior to Your Blend Your Own Rum Experience Tour date (or let us know on the confirmation call we make to you) we will firstly endeavour to reschedule you to another suitable date or, failing agreement as to a suitable reschedule date, we may offer a refund.

(c) It is an express condition of Your entry into the Tour or Blend Your Own Rum Experience Tour (as relevant) that (a) You follow the direction of Diageo and its representatives and delegates at all time , including without limitation, any set out on Your Ticket or advised to You by the tour guide during the course of the Tour or Blend Your Own Rum Experience Tour (as relevant) (to view the full list of Health & safety requirements, please click here and (b) so far as may be permissible at law You release, waive and discharge Diageo, its officers, directors, agents and employees of and from all liability, claims or demands for all injuries, losses, damages of any kind or nature to You or Your property, or to any minor under Your supervision, whilst on the property of Diageo and during the Tour or Blend Your Own Rum Experience Tour (as relevant).

(d) You acknowledge that filming and photography will be prohibited in certain areas of the distillery and You agree to follow such directions at all times. No filming or photography for commercial purposes should be carried out on the Diageo premises during the Tour or otherwise without prior written consent of Diageo.

(e) The Distillery site is fully operational and contains highly flammable areas – therefore the Distillery site is non smoking (including the car parks). Smoking is forbidden except in clearly marked designated areas.

(f) Due to the risk of ignition of flammable materials, anything with a battery is prohibited at the Distillery (ie this includes Your camera, phone and car keys) so these items must be stored in lockers prior to a Tour or Blend Your Own Rum Experience Tour. Please let us know if you have a medically necessary device (ie hearing aid or insulin pump) as we will need to make special arrangements for you to ensure you can enjoy the Tour or Blend Your Own Rum Experience Tour safely.

11. PERSONALISE YOUR GOODS

By placing an Order for a personalised label (being a personalised label for your bottle of Bundaberg Rum (which for the avoidance of doubt are just a label and are not attached to an alcoholic beverage), or a personalised item of clothing) or where you submit a personalised label for your Blend Your Own Rum Experience Tour bottles, You agree to the following additional terms and conditions: 10.1 General Information:

(a) Personalised labels must be in accordance with the Diageo Marketing Code, which can be found at www.diageo.com.

(b) Without limitation to subclause (a) above, and Diageo’s right to reject Orders at its discretion, Diageo may refuse acceptance of an Order to provide a personalised label where in the opinion of Diageo, the request may result in Diageo breaching law, infringing the rights of a third party or infringing community standards, or bringing Diageo or any other person into actual or potential disrepute, contempt, scandal, or ridicule.

11.2 Exchange/refund policy for personalised labels:

(a) Please ensure You check the text and spelling of Your personalised label carefully before submitting Your Order. We do not reprint labels, re-print Goods or provide a refund if You made a  typing error in Your Order or if You change Your mind

(b) Orders of Goods being personalised labels will only be considered eligible for a replacement or refund (at our option) if they either display a manufacturer's defect, there has been a breach of a consumer guarantee and/or the Goods delivered are different Goods from those stated in the Order (for example where the the label printed does not match the Order You placed). Please call the customer service number 07 4131 2989 and You may be asked to send photographic evidence of the issue in respect of the personalised label before we replace, or refund the price paid for, the Goods.

12. PURCHASE OF GIFT VOUCHERS

Purchase and use of Gifts Vouchers is subject to these General Terms and Conditions of Purchase and the terms and conditions printed on the Gift Voucher, which will include but will not be limited to: (a) Gift Vouchers are available for values of $20, $50, $100 and $200; (b) Gift Vouchers may be spent in the Bondstore or on the Webstore; (c) Gift Vouchers may be used on alcohol, merchandise or Tickets but not  further Gift Vouchers; (d) Gift Vouchers may only be redeemed by adults aged 18 years and over; and (e) Gift Vouchers are valid for 12 months from placing Your Order.

13. PRIVACY AND THE DISCLOSURE OF PERSONAL INFORMATION

The collection, use and disclosure of all personal information (in connection with accounts created on the Webstore and Orders placed) is conducted in accordance with Diageo’s privacy policy click here

14.  MISCELLANEOUS

14.1. The Contract contains the entire agreement between Diageo and You in relation to Your Order. You acknowledge that, in entering into this Contract, You have not relied on any representation or provision except as set out in this Contract.

14.2. Diageo may from time to time alter these Conditions as it reasonably determines necessary. Such alteration will not affect any Contract that Diageo has entered into with You prior to the alteration.

14.3. These Conditions and any Contract of which these Conditions form part will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.

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Rumbassador Club Membership Programmer 2016

TERMS & CONDITIONS

1 Definitions and overview

1.1 In these terms and conditions:

“Member” means an individual who is member of the Programme;

“Membership Period” means the period for which this Programme will run commencing 1 July 2016 and ending 30 June 2017;

“Programme” means the Bundaberg Rum – Rumbassadors Club Membership Programme 2016;

“Promoter” means the Diageo Australia Limited of 162 Blues Point Road, McMahons Point, NSW, 2060, ABN 33 004 167 720; and

“Website” means www.bundabergrum.com.au.

1.2 As a condition of participating in the Programme, the Member accepts these terms and conditions and any rules, policies or procedures that may be adopted by the Promoter from time to time. The Member also accepts the General Terms and Conditions of Purchase, Website Terms and Conditions of Use and Privacy Policy that appears on the Website, and to the extent of any inconsistency these terms and conditions will prevail.

1.3 Any information on how to apply for, join or register for the Programme, enter or claim any prize and information on any prizes, giveaways or competitions, form part of these terms and conditions. To the extent of any inconsistency, these terms and conditions will prevail.

1.4 The Programme is only open to Australian residents aged 18 years or over and delivery of any of the alcoholic beverages as described in the Benefits of the Programme in clause 3 of these terms and conditions is subject to the restrictions on deliveries to particular areas in Australia as set out in the General Terms and Conditions of Purchase. Employees and the immediate families of the Promoter and its agencies involved in the Programme are permitted to be part of the Programme, but are ineligible to win any prize or receive any giveaway that may be offered to other Members of the Programme. 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 first cousin.

1.5 The Promoter’s decision on all matters pertaining to the Programme, including but not limited to any dispute as to prizes or giveaways, the identity of a Member, eligibility to become a Member is final and binding. No correspondence will be entered into.

2 How to become a member

2.1 Individuals will have to purchase a membership via the Website. While the memberships may be made available to purchase prior to the Membership Period commencing, the Programme will formally commence at the start of the Membership Period.

2.2 The purchase price of:

2.2.1 a new membership for the Programme is $1500 (AUD) and is inclusive of GST; and

2.2.2 a renewal membership (for Members who were a member of the 2015 programme) is $950 (AUD) and is inclusive of GST.

The Promoter reserves the right to vary or increase the price of membership at any time without notice.  The price payable for a membership is the price payable on the Website applicable on the date the membership is purchased (subject to manifest error). 

2.3 Payment must be received in full at the time of submitting a membership request before a membership becomes active and before any of the benefits of membership set out in clause 3 of these terms and conditions can be received.  Payment made be made at the Event or via the Website by valid Visa, Mastercard or PayPal

2.4 Pro-rata memberships are not available and no part-refunds will be given to Members who join the Programme part-way through the Membership Period.

2.5 No refunds or cancellations are available for any change of mind or other reason.

2.6 Membership to the Programme is limited to the first 500 individuals who purchase a membership (whether this be a renewal or a new membership) during the Membership Period.  The Promoter reserves the right to decline any membership requests for any reason whatsoever, increase or decrease the number of memberships available, or set aside any number of memberships for competitions, giveaways or corporate sponsorships.

2.7 A membership is not transferable unless agreed to in writing by the Promoter. If the membership is transferred with the permission of the Promoter, then the person to whom the membership is transferred must be an Australian resident aged 18 years or over, and their membership is subject to these same terms and conditions.

2.8 Memberships may not be re-sold or auctioned on any website (including but not limited to websites like eBay or Gumtree).  Any attempts to resell a membership will result in the automatic forfeiture and disqualification of the seller and purchaser of the membership.

2.9 A Member will have a username and password. The Member will be responsible for the security of this password and username, and access to and use of the Member's Account. The Promoter may refuse to accept any user name in its absolute discretion, including where the username is deemed inappropriate or offensive.

2.10 Members acknowledge and agree that by becoming a member they do not get any voting rights or have any say in how the Programme is ultimately conducted by the Promoter.

3 Benefits of Programme

3.1 The benefits of Programme include exclusive 1st public access to limited edition Bundaberg Rums in the form of 9 x 700mL bottles with 5 different rum blends (which are new rum blends for the 2016 Programme). These rums will be delivered in 3 batches of 3 bottles, firstly around August 2016, then around November 2016 and finally around March 2017. The Promoter, in its absolute discretion, will determine the type and combination of rum blend delivered in each batch. Members acknowledge and agree that whilst they may be offered exclusive 1st public access to the rums, the Promoter may subsequently release the rum for sale to members of the general public at any time. Members who join the Programme later in the Membership Period will receive any deliveries that they have missed (for example, if a Member joins in January 2017, they will receive the batch (or similar batch) to what was delivered to other Members around August 2016 and November 2016).  For Members who joined the Programme later, some of the exclusive rums offered may have already been made available to members of the general public. Members hereby acknowledge and agree that it’s an offence to sell alcohol without a licence, and the rums provided in connection with the Programme and any blends that they may make must not be re-sold.

3.2 New Members only (excluding Members who are renewing their membership) will be offered a Bundaberg Rum branded blending kit that will allow the Members to mix their own blends at home.

3.3 The Promoter will offer all Members (both new and those renewing):

3.3.1      access to exclusive online materials and information about Bundaberg Rum and the distillery;

3.3.2      the benefit of an exclusive online forum open to Members;

3.3.3      exclusive access to a VIP area at the Spirit of Bundaberg Festival, Saturday 15 October 2016 (provided such festival goes ahead and/or such other date as the festival may be postponed to at the discretion of Promoter);

3.3.4      5% off at the Bundaberg distillery retail store;

3.3.5      free admission to the Bundaberg distillery tour when you bring a full paying adult; and

3.3.6      priority tasting of new Bundaberg Rum products (at the discretion of Promoter) at the distillery from time to time.

3.4 Each Member will also be provided with the option to submit their name (or other appropriate name of their choosing, subject to acceptance of such name by Promoter at its discretion) should they wish to be included on a plaque, naming the 2016 Members, displayed on a wall at the Bundaberg distillery for the Membership Period. The plaque will be updated twice during the Membership Period:

3.4.1 firstly as soon as practicable after 1 September 2016, which will capture those name submissions from Members received by Promoter between 1 August 2016 and 31 August 2016; and

3.4.2 finally as soon as practicable after 1 January 2017, which will capture those further name submissions from Members received by Promoter between 1 September and 31 December 2016. 

3.5 The Promoter may also offer all Members from time to time:

3.5.1 exclusive offers from 3rd parties or the Promoter including special events for Members; and

3.5.2  exclusive competition(s).

3.6 Any goods sold as part of the membership, the delivery of the goods and return of the goods will be in accordance with the General Terms and Conditions of Purchase as set out on the Website and the sale of alcohol is made by Diageo Australia Limited in accordance with its NSW liquor licence and are delivered from 4 Distiller’s Place Huntingwood, NSW.

4  Intellectual Property on the Website

4.1 All material and content on or via the Website including but not limited to any and all brands, logos, images, taglines, registered or unregistered trade marks, service marks, designs and products, (excluding content provided by users) are the property of us or our licensors and subject to copyright, trade mark and other intellectual property protection. The Website contains commercially sensitive and valuable information which is confidential and protected by copyright. All right, title and interest in and to the Website is and remains the property of the Promoter or its licensors.

4.2 The Member can copy material for their own personal use but the Member must not republish, reproduce, transmit, distribute, sell, modify, adapt or use any part of the Website or any content on or via the Website in any other way, without the Promoter’s permission or as otherwise expressly permitted through the Website.

5  Content supplied by Members via the Website

5.1 The Members are solely responsible for all content that they post or communicate via the Website and for any activities that occur outside of the control of the Promoter. The Promoter makes no warranties or representations about accuracy, reliability or otherwise of any information provided via member on the Website.

5.2  Unless indicated otherwise the Promoter is a distributor only of content supplied by Members through the Website. The Promoter shall not be responsible for policing, monitoring, or editing such content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, the Promoter shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by Members and in order to determine compliance with these term and conditions. The Promoter shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of these provisions or which it finds in its sole discretion to be otherwise objectionable for any reason.

5.3 The Promoter is not responsible for any materials provided by Members, which are deemed harmful or offensive to others. The Promoter is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided by Members, to the maximum extent permitted by law.

5.4 All statements, advice and opinions made by Members are those of such Members only, and the Promoter neither endorses nor shall be held responsible for the reliability or accuracy of same.

5.5 Members should only provide content that they are comfortable sharing with others under these terms and conditions. By providing content on or via the Website, you grant the Promoter a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed) in perpetuity. This includes authorising the Promoter to make a Member’s posts available to other Members.

6  Termination and Changes

6.1 The Website and the Programme are always evolving and the form and nature of the services and benefits of membership offered may change from time to time. The Promoter may modify, suspend or discontinue the services available on the Website or as part of the Programme, or remove, modify, edit or supplement any content on the Website, at any time without notice in its absolute discretion.

6.2 The Promoter, in its sole discretion, may terminate or suspend a Member’s access to any part or all of the Website at any time, or a Member’s membership, for any reason, including a breach of these terms and conditions, with or without notice, including but not limited to, if the Promoter, believes the Member has acted in threatening manner towards another Member, or the Promoter’s staff.

6.3 The Promoter reserves the right to discontinue the Programme and is under no obligation to continue to offer the Programme in subsequent years.   Participation in the Programme any future years will be subject to the payment of additional membership fees and will be offered subject to the applicable terms and conditions.

6.4 Notwithstanding any other provision herein, if this Program or any associated 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, 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 Member; or (b) to modify, suspend, terminate or cancel the Programme, as appropriate.

6.5  If the Promoter terminates a Member’s membership, then the Promoter will refund the amount on pro rata for any outstanding goods that the Member has not received.

7 Liability

7.1  The Member is responsible for their use of the Website and participation in the Programme. The Website and membership is provided on an 'as is' basis and is used at the Member’s own risk. To the full extent permitted by law, the Promoter, including its officers, management, employees, agents and contractors, exclude all terms, conditions, warranties, guarantees and representations, whether express or implied, and exclude all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect) in relation to participation in the Programme, the use, inability to use, or the performance of the Website or any information, content, material, products or services made available via the Website, including without limitation any error, omission, technical malfunction, delay, interruption, interference, tampering, virus, bug, theft, destruction or unauthorised access to or alteration of the Website, or any damage to any computer or device or arising out of the Programme, including but not limited to, any goods or services provided under the Programme, the expected benefits or results from becoming a Member, for the comments of Members on the Website, for any interaction between Members or Members and the Promoter on the Website or off the Website, whether online or in-person. If the Promoter is liable for breach of any implied guarantee, warranty or condition that cannot be excluded, including the statutory guarantees in the Competition & Consumer Act 2010 (Cth), then in any event the Promoter’s liability shall be limited to, at its option, to the extent the Promoter is able to do so, in the case of goods, replacing or repairing the goods, supplying equivalent goods, or payment of the cost of doing so; or in the case of services, re-supplying the services, or paying for the costs of doing so.

7.2 The Promoter will not be liable, at any time, for any arrangement, understanding or action Members may come to or decide upon amongst themselves.

8  General

8.1 These terms and conditions are governed by and to be construed in accordance with the laws of NSW, Australia. Members irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of NSW, Australia. The Promoters failure to enforce any right or provision of these terms and conditions will not be deemed a waiver of such right or provision. In the event that any provision of these terms and conditions is held to be invalid or unenforceable, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

8.2 Members’ personal information will be collected, used and disclosed for the purpose of conducting the Programme and held in accordance with Diageo’s Privacy Policy, which is available at the Website.

8.3 These terms and conditions contain the entire agreement between the Promoter and the Member and no other representation or provision has been relied upon in joining the Programme.

8.4 The Promoter may from time to time alter these terms and conditions as it reasonably determines necessary and the updated terms will be made available on the Website.

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BUNDABERG RUM REWARDS PROGRAM

The Bundaberg Rum Rewards Program is operated by Diageo Australia Limited and its affiliates (we, us or our).  By participating in our Rum Rewards Program, you agree to these Terms and Conditions. 

Can I still join the Rum Rewards Program?

1. No.

2. The Rum Rewards program was discontinued on 1 December 2016, which means that: 

a. on and from 1 December 2016 you will not automatically be enrolled in the Rum Rewards Program when you sign up for an account on the Bundaberg Rum website; and

b. anyone who already holds a Rum Rewards account, as at 1 December 2016, shall remain a member of the Rum Rewards Program, subject to expiry of their points as per the below.

3. You are responsible for all activity on your account, so please keep your login and password confidential until your account is closed.

4. Your Rum Rewards account will be terminated, and your Rum Rewards forfeited, on the earlier of:

a. the expiry of your last Rum Rewards point (each point expires 12 months after it was earned); and

b. 30 November 2017. You are responsible for all activity on your account, so please keep your login and password confidential. 

What about my points?

5.  On and from 1 December 2016 you will not earn Rum Rewards points by making purchases on our Website's online store. Purchases made at the Bundaberg Rum Distillery and Retail Visitor Centre were never eligible for the earning of Rum Rewards and this position has not changed.

6. Your Rum Rewards points balance as at 1 December (please see clause 9 for how to view your balance) shall be final and conclusive. 

7. In accordance with the original T&Cs, each point will still expire 12 months after it was earned. 

How do I redeem points?

8. Before you can redeem Rum Rewards points, you must first have a Rum Rewards account with a blance of Rum Rewards points as at 1 December 2016.

9. You can redeem as many Rum Rewards as you want (up to the maximum in your account) when placing your order.

10. Rum Rewards points can only be redeemed online. 

11. The amount of Rum Rewards you have available to redeem will be displayed in your shopping basket. Just enter the amount of Rum Rewards that you want to use and the applicable discount will be deducted from your total amount payable displayed in your shopping basket. Please see the “Rum Rewards” home page of the Website for redemption rates. 

12. You can view your Rum Rewards balance by logging into your account and clicking on the Reward Points option.

13. You cannot sell or transfer your Rum Rewards points to anyone.

Exceptions to redemptions of points 

14. You cannot redeem or exchange your Rum Rewards points for cash and any cash equivalents.

15. You cannot redeem points for signing up for or purchasing or renewing a membership to the Rumbassador program.  

16. You cannot earn or redeem points to purchase tickets to the tours of the Bundaberg Distillery and Bondstore (currently located at Avenue Street Bundaberg, Queensland Australia or such other address as may be notified on the Website).

What else do I need to know?

17. We reserve the right to adjust your Rum Rewards balance or terminate your membership in our Rum Rewards Program if you don’t redeem points for 12 consecutive months, or if we believe that you have engaged in fraudulent or unlawful activity, abused the Rum Rewards program in any way or failed to comply with these Terms and Conditions, General Terms and Conditions of Purchase  or Terms & Conditions of Use of the Website.

18. We reserve the right to adjust your Rum Rewards points balance in the event we become aware of any manifest or system error.  In the event you have engaged in any fraudulent or unlawful activity in the Rum Rewards program we reserve the right to cancel any product orders made using points and will seek to recoup all costs involved in recovering the cost of any products fraudulently or unlawfully obtained.

19. We will collect and use your personal information in accordance with our Privacy Policy found on our Website.

20. We may discontinue our Rum Rewards Program at any time in our sole discretion with no liability to you.  If we do so, we’ll publish a notice on our Website and/or email you to let you know. 

21. We may change the Rum Rewards Program and these Terms and Conditions at any time, or add new terms or conditions.  If we do so, we’ll publish an updated version on our Website. Your continued participation in our Rum Rewards Program will constitute your acceptance of such changes.

22. These Terms and Conditions apply to our Rum Rewards Program in Australia, and are governed by the laws of New South Wales and the exclusive jurisdiction for dispute resolution will be the Courts of NSW.

23. For any enquiries regarding Rum Rewards, please contact the Bundy team on 07 4131 2989.

BUNDABERG RUM GAME FACE COMPEITION

Terms and Conditions

1.Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2.The promotion is open to all residents of Australia aged 18 and over. Employees (and their immediate families) of the Promoter and its affiliate companies, agencies and any one professionally connected with the promotion will not be considered for the prize.

3.Entries open at 4pm AEST on Friday 26th August 2016 and close at 11:59pm Sunday 18th September 2016 ("Promotional Period").

4.No purchase is necessary to enter or participate.

5.To be eligible to enter, individuals must take an original and creative photo or video of their Ultimate Game Face. To enter, individuals must then, during the Promotional Period, go to the Bundaberg Facebook wall https://www.facebook.com/BundabergRum, and post their photo/video of their own Ultimate Game Face in accordance with any prompts.

A public profile account must be used to enter and must contain sufficient personally identifiable information to adequately identify the entrant. Each entrant warrants to the Promoter that the photo or video and any other content submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 16.

6.Once an Entry is selected by the Promoter as the winner, the individual posting the Initial Comment of the winning Entry will be contacted via private message on Facebook and asked to: (a) accept the prize; and (b) supply proof of ID before 5pm AEST on Friday 23 September. A failure to claim the prize by this time may result in forfeiture of the prize.

7. The Promoter reserves the right, at any time, to verify the validity of an Entry and entrants (including an entrant’s identity, age and place of residence) 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. Errors and omissions will 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.

8. Limit of one (1) entry per person.

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.Incomplete, indecipherable or illegible entries will be deemed invalid.

11.If an entry depicts irresponsible or inappropriate content, including inappropriate alcohol consumption, as determined by the Promoter, the entry will be deemed invalid.

12.This is a game of skill and chance plays no part in determining the winner. Entries will be individually judged based on their creative merit and originality. The winner’s name will be published on the Bundaberg Rum Facebook Page from Tuesday 20th September 2016. The Promoter’s decision is final and no correspondence will be entered into.

13. The prize is for three adults and is valued at up to $5,000 depending on point of departure. The prize includes:

  • Return economy flights for x 3 to Sydney from the winner’s nearest capital city (if required);
  • 2 night’s accommodation at a place determined by the Promoter (Saturday October 1st and Sunday October 2nd);
  • Transfers (from Sydney airport to accommodation (if required), and return transfers to the airport for return flight home);
  • 3 x tickets to the NRL Grand Final on 2 October 2016;
  • 3 x Inner Sanctum Tour, including access to team dressing rooms, players tunnel and field of play, with the tour hosted by a past NRL great, plus photos of the experience and download links post event;
  • 1 x$500 spending money.

14.Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, transfers (other than as set out above), items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken between 1 October 2016 & 3 October 2016 and is subject to booking and flight availability.The prize takersmust depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The prize takers may be required to present their credit card at time of accommodation check in. Children are unable to attend the prize.  Any changes to the travel itinerary will not be the responsibility of the Promoter, including any changes to flights or accommodation or any associated costs.

15.If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

16.When entrants submit any materials via the promotion, including comments, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use. Entrants warrant that they have the full authority to grant these rights. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for people aged under 18, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; and (c) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

17.Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above clause 16.

18.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.

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 sole discretion, to the fullest extent permitted bylaw: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

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

21.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 State 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.

22.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) if any prize event is cancelled or delayed for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) attendance at the prize event.

23.Diageo encourages consumers to enjoy drinking its products responsibly. Legal aged consumers are advised to visit www.drinkwise.org.au to get the facts on standard drinks and responsible drinking.

24.Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.

25.This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for 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 a prize), except for any liability which cannot be excluded by law. 

26.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://diageopromotions.com.au/privacy#cookies. 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 of marketing, access, update or correct their PI, how entrants’ entrant can contact and may complain about a breach of the Australian Privacy Principles. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia, 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 the Promoter is not liable in this regard.

27.The Bundaberg Rum phrase and associated logos are trademarks. © Bundaberg Rum 2016

28.The Promoter is Diageo Australia Limited (ABN33 004 167 720) of 162 Blues Point Rd, McMahons Point, NSW, 2060. Any questions, comments or complaints regarding this promotion should be directed to Diageo Australia Limited via Diageo.Australia.Customer.Care@diageo.com and not to Facebook.

 

Bundaberg Rum State of Origin Biggest Fan

Terms and Conditions

  1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The promotion is open to all residents of Australia aged 18 and over, except employees (and their immediate families) of the Promoter and its affiliate companies, agencies and any one professionally connected with the promotion.
  3. Entries open at 6:00pm AEST on Wednesday 8th June 2016 and close at 11:59pm AEST Sunday 19th June 2016 ("Promotional Period").
  4. No purchase is necessary to enter or participate. Entries must be submitted via a comment below the promotional post on the Bundaberg Rum Facebook page. To claim the prize, winners will need to provide proof of ID for Australia and an address to send prize.
  5. To enter, individuals must, during the Promotional Period, comment below the promotional post with who they would like to nominate as Australia’s Biggest State of Origin Fan. Promotional copy: “WIN A LEGENDARY BOTTLE FOR YOU AND A LEGENDARY MATE! Know Australia’s BIGGEST STATE OF ORIGIN fan?! Tell us below who and why and the two of you could WIN a limited edition bottle of State of Origin Bundaberg Rum. Don’t forget to be creative – only the six most unique responses will win. Good luck Legends!
  6. Once a comment is selected by the Promoter as a winner, the winner will be contacted via private message on Facebook and asked to supply proof of ID for both themselves and the friend they nominated (who must also be 18 years and over.) The winner will also be required to provide the Promoter a creative reason why they’re the biggest State of Origin fan that is compliant to Bundaberg Rum’s House Rules (to be found on Bundaberg Rum’s Facebook “About Us” section). Failure to supply a compliant answer will result in forfeit of being a winner.
  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 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. Errors and omissions will 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.
  8. The Promoter reserves the right, at any time, to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts.
  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. Incomplete, indecipherable or illegible entries will be deemed invalid. All entries should be appropriate from a responsible drinking perspective otherwise they will be dismissed.
  11. One entry per person, multiple entries will not be permitted.
  12. This is a game of skill and chance plays no part in determining the winner. Entries will be individually judged based on their creative merit and originality. The winners will be notified by private message and asked to email proof of ID and contact details. The winners’ names will also be published on the Bundaberg Rum Facebook Page from Monday 20th June 2016. The Promoter and judges’ decisions are final and no correspondence will be entered into.
  13. There will be 5 winners. Each winner will receive a bottle of Bundaberg Rum UP – State of Origin 2016 (equal to $41.99) to be sent to the winner within three months of receipt of address and ID. Prizes, including any unused portion, are not transferable or exchangeable and cannot be taken as cash.
  14. If for any reason the winner does not redeem the prize, or part of the prize, at the time stipulated by the Promoter, then the prize, or part of the prize, will be forfeited.
  15. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
  16. When entrants submit any materials via the promotion, including comments, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use. Entrants warrant that they have the full authority to grant these rights. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; and (c) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
  17. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above clause 17.
  18. 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.
  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 sole discretion, to the fullest extent permitted bylaw: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  20. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  21. 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 State 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.
  22. 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) if any prize event is cancelled or delayed for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) attendance at a prize event.
  23. Diageo encourages consumers to enjoy drinking its products responsibly. Legal aged consumers are advised to visit www.drinkwise.org.au to get the facts on standard drinks and responsible drinking.
  24. 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://diageopromotions.com.au/privacy#cookies. 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 of marketing, access, update or correct their PI, how entrants’ entrant can contact and may complain about a breach of the Australian Privacy Principles. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia, 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 the Promoter is not liable in this regard.
  25. The Bundaberg Rum phrase and associated logos are trademarks. © Bundaberg Rum 2016
  26. The Promoter is Diageo Australia Limited (ABN33 004 167 720) of 162 Blues Point Rd, McMahons Point, NSW, 2060. Any questions, comments or complaints regarding this promotion should be directed to Diageo Australia Limited via Diageo.Australia.Customer.Care@diageo.com and not to Facebook.

Discover Your Bundy Promotion

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions

2. The promotion is open to all residents of Australia aged 18 and over, except employees (and their immediate families) of the Promoter and its affiliate companies, agencies and any one professionally connected with the promotion.

3. Entries open at 9:00am AEST on 15th October 2016 and close at 11:59pm AEST 15th October 2017 ("Promotional Period").

4. No purchase is necessary to enter or participate. Entries must be submitted completed via 1. Bundabergrum.com.au registration form, or 2. The Discover your Bundy profiler tool. To claim the prize, winners will need to provide proof of ID for Australia and an address to send the prize.

5. To enter, individuals must, during the Promotional Period, use the Discover your Bundy profiler tool and submit their details via the tool or bundabergrum.com.au registration form to go into the draw.

6. Once the Promoter has selected an entry as a winner, the winner will be contacted via email and asked to supply proof of ID (who must also be 18 years and over.)

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 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. Errors and omissions will 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.

8. The Promoter reserves the right, at any time, to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts.

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. Incomplete, indecipherable or illegible entries will be deemed invalid. All entries should be appropriate from a responsible drinking perspective otherwise they will be dismissed.

11. One entry per person, multiple entries will not be permitted.

12. The draw/s (if applicable) will be conducted in accordance with the Draw Details. The prize/s will be awarded to a valid entrant or entrants (as applicable). The winners will be notified by email and asked to email proof of ID and contact details. The winners’ names will also be published on the Bundaberg Rum website https://www.bundabergrum.com.au/terms-conditions bi-monthly during the duration of the promotion. The Promoter and judges’ decisions are final and no correspondence will be entered into.

13. There will be 1 winner bi-month for 12 months. Each winner will receive a bottle (700ml) of Bundaberg Rum Master Distillers Collection Blenders Edition 2015 aka World’s Best Rum (equal to $89.99 each) to be sent to each winner within three months of receipt of address and ID. Total prize pool for the promotion is $539.94 (total litres of 4.9L) for the promotion. Prizes, including any unused portion, are not transferable or exchangeable and cannot be taken as cash.

14. If for any reason the winner does not redeem the prize, or part of the prize, at the time stipulated by the Promoter, then the prize, or part of the prize, will be forfeited.

15. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

16. If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the Unclaimed Prize Draw Publication Details. If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities in the Relevant State/s, if required. If no Unclaimed Prize Draw Date is specified, any unclaimed prize/s will be distributed at the Promoter’s discretion.

17. When entrants submit any materials via the promotion, including comments, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use. Entrants warrant that they have the full authority to grant these rights. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; and (c) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

18. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above clause 17.

19. 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.

20. 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 bylaw: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

21. Any cost associated with accessing the promotional website or profiler tool is the entrant’s responsibility and is dependent on the Internet service provider used.

22. 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 State 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.

23. 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) if any prize event is cancelled or delayed for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) attendance at a prize event.

24. Diageo encourages consumers to enjoy drinking its products responsibly. Legal aged consumers are advised to visit www.drinkwise.org.au to get the facts on standard drinks and responsible drinking.

25. 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://diageopromotions.com.au/privacy#cookies. 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 of marketing, access, update or correct their PI, how entrants’ entrant can contact and may complain about a breach of the Australian Privacy Principles. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia, 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 the Promoter is not liable in this regard. 26. The Bundaberg Rum phrase and associated logos are trademarks. © Bundaberg Rum 2016 27. The Promoter is Diageo Australia Limited (ABN33 004 167 720) of 162 Blues Point Rd, McMahons Point, NSW, 2060. Any questions, comments or complaints regarding this promotion should be directed to Diageo Australia Limited via Diageo.Australia.Customer.Care@diageo.com and not to Facebook. NSW: LTPS/16/07132

Round Time/Date of Draw Location of Draw
1

10am, 22nd December 2016:

Winner: Mark Coleman

162 Blues Point Road McMahons Point NSW 2060
2

10am, 22nd February 2017

Winner: Russell Pardon

162 Blues Point Road McMahons Point NSW 2060
3 10am, 24th April 2017 162 Blues Point Road McMahons Point NSW 2060
4 10am, 22nd June 2017 162 Blues Point Road McMahons Point NSW 2060
5 10am, 22nd August 2017 162 Blues Point Road McMahons Point NSW 2060
6 10am, 23rd October 2017 162 Blues Point Road McMahons Point NSW 2060