“Monkey Shoulder Headphones” PROMOTION
Terms and Conditions
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
The promoter is William Grant and Sons Australia Pty Ltd (ABN 59 142 683 145) of 111 Pacific Highway, North Sydney NSW 2060 (“Promoter”). Telephone: 02 9409 5100.
Entry is only open to Australian residents aged 18 years or over.
Employees (and their immediate families) of the Promoter, Participating Stores (as defined below) and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by
adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Promotion will be conducted in each Participating Store according to the following (each a “Promotional Period”):
For Cellarbrations stores: entries open at 12:00am AEST on 03/08/2020 and close at11:59pm AEST on 30/08/2020;
For IGA Liquor stores: entries open at 12:00am AEST on 29/07/2020 and close at 11:59pm AEST on 25/08/2020; and
The Bottle-O and Big Bargain stores: entries open at 12:00am AEST on 27/07/2020 and close at 11:59pm AEST on 23/08/2020.
To enter, individuals must complete the following steps during the Promotional Period:
Purchase any Monkey Shoulder product from a Participating Store (“Qualifying Transaction”);
Visit monkeyshoulderpromotions.com/IBAheadphones, follow the prompts to the promotion entry page and input the requested details (including their full name, age, email address, the Participating Store where the Qualifying Transaction was made and mobile number);
Upload a scanned copy of their purchase receipt for the Qualifying Transaction when prompted;
Answer the question “Why do you need a pair of Monkey Shoulder headphones?” (“Promotional Question”) in twenty-five (25) words or less and submit the fully completed entry form.
A participating store is any The Bottle-O, Big Bargain, IGA Liquor, and Cellarbrations store
nationally that displays advertising material for the promotion (“Participating Store”).
The Promoter reserves the right, at any time, to verify the validity of entries and entrants
(including an entrant’s identity, age and place of residence) and reserves the right, in its sole
discretion, to disqualify any individual who the Promoter has reason to believe has breached any of
these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other
improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and
omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of
its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to
recover damages or other compensation from such an offender are reserved.
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.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per
Qualifying Transaction (regardless of the number of Monkey Shoulder products purchased in that
transaction in excess of one (1)); (b) each entry must be submitted separately and in accordance
with entry requirements; and (c) each entry must be substantially unique.
Incomplete or indecipherable entries will be deemed invalid.
Entrants must retain either their original purchase receipt(s) for all entries as proof of
purchase. Failure to produce the proof of purchase for all entries when requested may, in the
absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and
forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase
and that the purchase was made during the Promotional Period but prior to entry.
This is a game of skill and chance plays no part in determining the winners. Each entry will be
individually judged based on literary and creative merit of the answer provided to the Promotional
The Promoter’s decision is final and no correspondence will be entered into.
Entries will be divided into four (4) groups, depending on the Participating Banner where the
Qualifying Transaction was made. There will be thirty (30) draws for each Participating Banner. The
judging will take place at the Promoter’s office, Level 21, 111 Pacific Highway, North Sydney NSW
2060 on 02/09/2020. The judges may select additional reserve entries which they determine to be the
next best, and record them in order, in case of an invalid entry or ineligible entrant. The winners
will be notified by telephone and email.
The best one-hundred & twenty (120) valid entries, as determined by the judges, will each win a
pair of Monkey Shoulder branded headphones valued at $399 each.
Total prize pool value is $47,880. Prizes are not transferable or exchangeable and cannot be
taken as cash.
If for any reason a winner does not take/redeem a prize by the time stipulated by the Promoter,
then the prize will be forfeited.
If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute a
prize with a prize to the equal value and/or specification.
The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised
to consider the safe drinking levels recommended in the National Health & Medical Research Council
Australian Alcohol Guidelines that are available at www.nhmrc.gov.au. Entry and continued
participation in this promotion is subject to the licensee’s liquor serving policy.
Entrants agree that they are fully responsible for any materials they submit via the promotion
including but not limited to comments, recordings and images (“Content”). The Promoter shall not be
liable in any way for such Content to the full extent permitted by law. The Promoter may remove or
decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree
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
15, or otherwise unsuitable for publication;
their Content shall not contain viruses or cause injury or harm to any person or entity;
they will obtain prior consent from any person or from the owner(s) of any property that appears
in their Content;
the Content is the original literary work of the entrant that does not infringe the rights of
any third party;
they consent to any use of the Content which may otherwise infringe the Content
creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they
the full authority to grant these rights; and
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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any
of the above terms.
As a condition of entering this promotion, each entrant licenses and grants 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 their entry (which shall
include Content) for any purpose, including but not limited to future promotional, marketing or
publicity purposes, in any media, without compensation, restriction on use, attribution or
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.
If this promotion is interfered with in any way or is not capable of being conducted as
reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including
but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves
the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any
entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the entrant’s responsibility and
is dependent on the Internet service provider used. The use of any automated entry software or any
other mechanical or electronic means that allows an entrant to automatically enter repeatedly is
prohibited and will render all entries submitted by that entrant invalid.
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
(Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer
protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for
any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter
(including its respective officers, employees and agents) excludes all liability (including
negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether
direct, indirect, special or consequential, arising in any way out of the promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and agents) is not
responsible for and excludes all liability (including negligence), for any personal injury; or any
loss or damage (including loss of opportunity); whether direct, indirect, special or consequential,
arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not
under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c)
any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after
their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d)
any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability
incurred by the winner or entrant; or (f) use of a prize.
The Promoter collects personal information ("PI") in order to conduct the promotion and may, for
this purpose, disclose such PI to third parties, including but not limited to agents, contractors,
service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is
conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy
Policy, which can be viewed at http://www.williamgrant.com/privacy_statement_home.php. In addition
indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity,
research and profiling purposes, including sending electronic messages or telephoning the entrant.
correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or
any other applicable law and how those complaints will be dealt with. All entries become the
property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.