Terms and Conditions – Young & Co Wine Mixologist Promotion (“Promotion”)

New Zealand Promotion 

Conditions of Entry

1. Information on how to enter and prize details set out in all communications regarding the “Win a Wine Mixologist & Backyard Vibes at yours” (Promotion) form part of the Conditions of Entry.
2. To enter, eligible entrants (see condition 6) must first purchase any bottle of Young & Co branded wine from participating New Zealand retailers and complete the entry form (see condition 7).
3. By participating in the Promotion, each entrant fully and unconditionally agrees to be bound by these Conditions of Entry and acknowledges that the decisions of the Promoter on all matters relating to the Promotion are final and binding and no correspondence will be entered into.
4. The “Promoter” is Constellation Brands New Zealand Limited (New Zealand Company No: 250695) of 6/46 Maki Street, Westgate, Auckland 0814.
5. The Promotion commences Monday, 3 October 2022 at 00.01 (local time in NZ) and concludes on Sunday, 30 October 2022 at 23:59 (local time in NZ) (Promotion Period). No entries will be accepted outside of the Promotion Period.
6. Entry into the Promotion is only open to entrants who meet the following eligibility requirements:
   1. who are residents of New Zealand and aged 18 years or older;
   2. who are not employees of the Promoter or the Promoter’s associated agencies or companies directly involved in the Promotion (as determined by the Promoter) and their immediate family members, who are ineligible to participate; and
   3. who register their contact details in accordance with condition 7.
   4. who are available to attend the event specified in these Terms and Conditions.

How to Enter

7. To enter, entrants must (during the Promotion Period) purchase a bottle of any Young & Co branded wine from participating NZ retailers and text MIXOLOGIST to 4040. Entrants will then receive a link which will take them to an online entry form where they will be required to fill in their full name, contact phone number, the store they purchased the wine at and confirm they are 18+ years of age.  Once all requested details have been completed, the entrant is required to submit the form via the submit button.  Once submitted a confirmation will appear on the online form to confirm entry. If this confirmation is not received then the entry form has not been submitted.  Failure to provide requested details will mean the entry is not valid.  The entrant can only enter the Promotion once for each bottle of Young & Co branded wine purchased.  Proof of purchase for each entry will be required if the entrant is a drawn Winner in the Promotion.

Prize

8. There are two (2) major prizes to be won in this Promotion. The prizes each consist of one Young & Co Wine Mixologist & Backyard Vibes (gathering) which will have the following parameters:
   1. A gathering guestlist of no more than 30 people;
   2. A selection of alcoholic and non-alcoholic beverages with no more than 1 Young & Co wine bottle per guest to be provided;
   3. Event Glassware;
   4. 1 bar mixologist person who will mix and pour drinks;
   5. Serving food including canapes and party snacks;
   6. A bar, music entertainment and AV set up, plus theming decorations.

The total value of each prize (gathering) package is up to a maximum of NZ Two thousand five hundred dollars ($2,500). Please note that the Promoter takes its obligations of social responsibility seriously and the soiree (gathering)  will be run responsibly with usual licensed bar restrictions applying regarding non-service of alcohol to underage or inebriated guests. Further details regarding the scheduling, location and timing of the wine mixologist with backyard vibes (gathering)  are listed in Conditions 9 – 27 below.

9. Both the date and the location of the Wine Mixologist and Backyard Vibes (gathering) must be agreed between the winner and the Promoter, with both parties acting reasonably. If the winner does not have a suitable backyard for the gathering, they can nominate a willing friend in the same city or town who does (Venue Owner). The Venue Owner will be asked to confirm they are happy to host and agree to all of these Terms and Conditions as they apply to hosting of the Wine Mixologist and Backyard Vibes (gathering) prize. In particular those relating to host responsibility and no liability regarding damage or otherwise to the hosting venue. The suitability and location of the backyard must be agreed upon by the Promoter, acting at its reasonable discretion. If it is agreed upon between the promoter and the winner that there is no suitable venue for the “Backyard” gathering, the prize winner will receive a case (6 bottles) of Young & Co wine every month for 12 months, and a grocery voucher to the value of $500.
10. If there is no suitable backyard venue agreed upon between the promoter and the winner, but there is a suitable indoor living area for the gathering, it can be agreed upon between the promoter and the winner that the backyard gathering can take place indoors at the given venue owners address.
11. If, once booked, there are weather or other matters outside of the Promoter’s reasonable control that cause all or an element of the prize to be cancelled, then that element of the prize will be forfeit.
12. The prize is valid for 1 year, and must be redeemed by Monday 6^th November 2023.
13. As noted in Condition 8, alcohol will not be served to minors at this event, and the bar staff will have the right to refuse service if guests cannot provide suitable photo ID as proof of age. Non-alcoholic drinks will be available.
14. The gathering will be 4 hours duration maximum, and must start between the hours of 2pm and 6pm on the agreed date. On the gathering finishing, the bar person will start packing away the gathering and no more drinks will be served.
15. If the bar person deems the gathering to be getting out of control with intoxicated people and socially unacceptable behaviour, especially any behaviour causing safety concerns for guests and surrounding neighbours, they have the authority and discretion to close the gathering down then and there. Alcohol will not be served after this point and the event will be packed away. The winner/venue owner agrees that the music will stop and they will provide any reasonable assistance to moderate / remove any unacceptable behaviour.
16. The music will be set at a respectable level and will be monitored by the bar staff for the duration of the event. If noise control are called to the address during the event, the gathering will be closed down and finished at that time. All drinks will stop being served, and the winner/venue owner agrees that the music will be turned off.
17. The Wine Mixologist and Backyard Vibes (gathering) may not be taken on a New Zealand public holiday or between the dates of 23/12/22 and 08/01/23.
18. The 2 major prizes will be booked by the Promoter in consultation with the winner/s (photo identification and proof of address required).
19. The prize does not include transport to or from the gathering, or any other ancillary costs other than as detailed in condition 8 above.

Prize Draw

20. The major prize draw/s will take place at 10.00am on Friday 04 November 2022 and will be awarded as stated in clause 8 above.
21. The major prize-winners will be notified by telephone on or after 7th November 2022 by the Promoter, using the contact details provided to the Promoter by the entrant at registration and advised that their entry has been drawn.
22. Should the major prize remain unclaimed by a winner or the winner cannot be contacted by 10.00am 11^th  November 2022, a further random prize draw from remaining eligible entries will take place at 10.00am on 14^th of November 2022.     

23. If the entry is submitted via text message/URL link and there is a dispute as to who submitted the winning entry, the winner will be the authorised account holder of the email address or mobile phone number used to enter the Promotion that is submitted on the online entry form. No prize is redeemable for cash, exchangeable, or transferable. Each prize-winner accepts the prize ‘as is’ and acknowledges that the Promoter accepts no responsibility for any variation in the value of the prize.  There will be no compensation in the event that prize winner/s are unable to use all or part of the prize.
24. All valid claims for a prize and entitlements will be met unless they involve fraud or ineligibility. The Promoter reserves the right, and by their entry into the Promotion each entrant consents to the Promoter exercising this right, to validate and check the authenticity of entries and prize claims.  This includes the right to verify that the entrant is aged 18 years or older.
25. The Promoter will use its best endeavors to provide the prizes listed. If any of the prize is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute that prize or item as stated in Clause 9 of these Terms and Conditions.
26. Prize/s will only be executed in the winner’s residential town or city in New Zealand, as stated in Clause 9 of these Terms and Conditions.   The Promoter has the right to deem a location unsuitable acting at its reasonable discretion, if it proves difficult to arrange due to the distance from a major City and the availability of bar staff and equipment.  If this is the case, the winner/s will be able to nominate a willing friend to host the gathering, as long as that location is deemed suitable by the Promoter with reasonable discretion.  If it is agreed upon between the promoter and the winner that there is no suitable venue for the Mixologist with Backyard Vibes (gathering), the prize winner will receive a case (6 bottles) of Young & Co wine every month for 12 months, and a grocery voucher to the value of $500, as per Clause 9 of these Terms and Conditions.

Limitation of Liability

27. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act (Non-Excludable Guarantees).
28. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (and its associated agencies and companies and their respective directors, officers, employees and agents) is not liable to any person for any direct, indirect or consequential loss or damage whatsoever, including (without limitation) personal injury or property damage, suffered as a result of or arising from any person participating in the competition or in connection with winning (or not winning), using or benefiting from the prize.
29. If for any reason beyond the Promoter’s reasonable control this Promotion is not capable of running as planned, for reasons including infection by government order, pandemic or other health related restrictions, computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the reasonable control of the Promoter which corrupts or affects the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion to cancel, suspend, modify or terminate this Promotion. The Promoter will not be liable for any claims arising out of or in connection with any suspension, modification or termination, except for any liability which cannot be excluded by law.

Personal Information and Privacy

30. The Promoter will collect personal information (“PI“) 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 regulatory authorities. Entry is conditional on providing this PI and by entering the promotion the entrants consent to the use of their information as described.
31. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.constellationnz.com/privacy-policy. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of any applicable privacy law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of New Zealand (as noted in the Promoter’s Privacy Policy).

General Terms

32. The Promoter’s failure to enforce any term of these Conditions of Entry shall not constitute a waiver of that or any other provision by the Promoter.
33. Any costs associated with entering the competition or associated with the use of the prize are the responsibility of the entrants.
34. Incomplete or indecipherable entries will be deemed invalid.
35. Records of all entries become and remain the sole property of the Promoter.
36. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings or the use of the prize winnings. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.
37. Except where prohibited by law, participation in the Promotion constitutes a prize-winner’s consent to the Promoter’s use of the prize-winner’s name, likeness, opinions and address for: (1) any future promotional, marketing and publicity purposes in any media worldwide, without further payment or consideration or notice; and (2) any disclosure of such information by the Promoter required by law, and it is a condition of entry that in order to claim the prize, prize-winners must agree to execute any necessary consents and releases to effect the foregoing.
38. Prior to receiving a prize and being declared a winner, the entrant will be required to show proof of identity, e.g. passport or driver’s license, and may be required to sign a declaration of eligibility and acceptance of these Conditions of Entry.
39. Any cancellation, suspension or modification to the Promotion will be notified on the Promoter’s website: www.youngandcowines.com/win
40. If all or any part of any term or condition contained in these Conditions of Entry shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Conditions of Entry to the extent of the unenforceability, invalidity or illegality and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) had not been inserted herein.
41. The Promotion, these Conditions of Entry and all matters arising in relation to the same will be governed by the laws of New Zealand.
42. The Promotion, these Conditions of Entry and all matters arising in relation to the same will be governed by the laws of New Zealand.