Trunk Treasures T&C

“TRUNK TREASURES” PROMOTION

 

TERMS AND CONDITIONS

 

 

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

  1. Entry is only open to Australian residents (excluding residents of NT) aged 18 years or over.

 

  1. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

 

  1. There are two (2) components to this promotion: (1) an instant win game; and (2) a major prize draw (“Major Prize Draw”). Entries into the promotion open on 26/04/2022 and close at 11:59pm AEST on 05/07/2022 (for the Major Prize Draw) and 01/08/2022 (for the instant win component) (“Promotional Period”).

 

  1. To be eligible to enter, individuals must purchase any one (1) x specially marked Elephant in the Room product from a participating store nationally (excluding NT) during the Promotional Period (“Qualifying Transaction”).

 

  1. To enter for the chance to win an instant prize, individuals must then complete the following steps during the Promotional Period:

  • Scan the QR code located on the specially marked Elephant in the Room product and follow the prompts to the promotion entry page;

  • Input the requested details including full name, email, post code, and date of birth;

  • Submit the fully completed entry form; and

  • Complete the game displayed on the promotional website to see if they have instantly won.

 

  1. To enter the Major Prize Draw, entrants must then complete the following steps before 11:59pm AEST on 05/07/2022:

  • Locate the Promoter’s Instagram page at “@elephantintheroomaustralia” (“Instagram Page”);

  • Ensure they are following the Instagram Page;

  • Locate and like the promotional post; and

  • Reshare the promotional post with the hashtag “#trunktreasures”.

 

  1. Multiple entries permitted subject to: (a) only one (1) entry permitted per reshare of the promotional post; and (b) only one (1) entry permitted per Qualifying Transaction.

 

  1. Entrants must retain a copy of their purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize.

 

  1. 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.

 

  1. Incomplete or indecipherable entries will be deemed invalid.

 

  1. 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.

 

  1. There will be two (2) major prize draws (“Major Prize Draws”) for this promotion. Entries close at 11:59pm AEST on 27/05/2022 for Major Prize Draw 1 and 05/07/2022 for Major Prize Draw 2. The draws will take place at Level 3, 240-244 Pacific Highway, Charlestown NSW 2290 at 2:00pm AEST on 30/05/2022 (Major Prize Draw 1) and 06/07/2022 (Major Prize Draw 2). Non-winning entries in Major Prize Draw 1 will be entered into Major Prize Draw 2. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

 

  1. Instant winners will be notified immediately online upon entry submission and their  names published online at www.trunktreasures.com.au from 2/08/2022. Major Prize Draw 1 winners will be notified by email and their names will be published online at www.trunktreasures.com.au from 31/05/2022. Major Prize Draw 2 winners will be notified by email and their names will be published online at www.trunktreasures.com.au from 08/07/2022.

 

  1. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. The first valid entry drawn from each Major Prize Draw will each win a $2,500 E-Visa card.  

 

  1. Instant win prizes are available to be won during the Promotional Period in each State/Territory as follows:

 

State

Instant Win Prizes

Total State / Territory Value

NSW

  • 25 x $50 Uber Voucher

  • 25 x $50 Uber Voucher

  • 7 x $150 Red Balloon Vouchers

  • 7 x Drunk Elephant Skin Care pack valued at $97

  • 7 x Twin Pack of any Elephant in the Room 750ml bottle valued at $20

  • 1 x $400 Flight Centre Vouchers

  • 2 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$4,968.90

QLD

  • 25 x $50 Uber Voucher

  • 25 x $50 Uber Voucher

  • 7 x $150 Red Balloon Vouchers

  • 9 x Drunk Elephant Skin Care packs valued at $97

  • 9 x Twin Pack of any Elephant in the Room 750ml bottle valued at $20

  • 1 x $400 Flight Centre Vouchers

  • 4 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$5,402.8

VIC

  • 30 x $50 Uber Voucher

  • 30 x $50 Uber Voucher

  • 7 x $150 Red Balloon Vouchers

  • 9 x Drunk Elephant Skin Care packs valued at $97

  • 9 x Twin Pack of any Elephant in the Room 750ml  bottle valued at $20

  • 1 x $400 Flight Centre Vouchers

  • 4 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$5,902.80

SA

  • 20 x $50 Uber Voucher

  • 20 x $50 Uber Voucher

  • 5 x $150 Red Balloon Vouchers

  • 5 x Drunk Elephant Skin Care packs valued at $97

  • 7 x Twin Pack of any Elephant in the Room 750ml  bottle valued at $20

  • 1 x $400 Flight Centre Vouchers

  • 2 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$3,974.90

WA

  • 20 x $50 Uber Voucher

  • 20 x $50 Uber Voucher

  • 5 x $150 Red Balloon Vouchers

  • 5 x Drunk Elephant Skin Care packs valued at $97

  • 7 x Twin Pack of any Elephant in the Room 750ml  bottle valued at $20

  • 1 x $400 Flight Centre Vouchers

  • 2 x Kreafunk, Acube Bluetooth Speaker valued at $99.95

$3,974.90

ACT

  • 10 x $50 Uber Voucher

  • 10 x $50 Uber Voucher

  • 2 x $150 Red Balloon Vouchers

  • 1 x $400 Flight Centre Vouchers

$1,700.00

TAS

  • 10 x $50 Uber Voucher

  • 10 x $50 Uber Voucher

  • 2 x $150 Red Balloon Vouchers

  • 3 x Twin Pack of any Elephant in the Room 750ml  bottle valued at $20

  • 1 x $400 Flight Centre Vouchers

$1,760.00

Total: $27,684.30

 

 

  1. No more than 20 litres of alcohol will be won by New South Wales residents. Once/if 20 litres of alcohol has been won by New South Wales residents, cash will be awarded in lieu of the remaining alcohol prize(s) in New South Wales.

 

  1. The Promoter encourages consumers to enjoy responsibly.  Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at www.nhmrc.gov.au. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.

 

  1. Any ancillary costs associated with redeeming the voucher and E-Visa card are not included. Any unused balance of the voucher and E-Visa card will not be awarded as cash. Redemption of the voucher and E-Visa card is subject to any terms and conditions of the issuer including those specified on the Voucher and E-Visa card.

 

  1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize at/by the time stipulated by the Promoter, then the prize will be forfeited.

 

  1. If any 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, subject to any written directions from a regulatory authority.

 

  1. Total prize pool value is $6,700.00 in ACT, $8,974.90 in SA, $9,968.90 in NSW, $10,402.80 in QLD, $10,902.80 in VIC, $8,974.90 in WA and $6,760 in TAS.

 

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

 

  1. All claims for instant win prizes must be received by 5:00pm AEDST on 18/10/2022. A draw for any unclaimed prizes (for both the instant win component and Major Prize Draws 1 and 2) may take place on 19/10/2022 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email and their names will be published online at www.trunktreasures.com.au from 20/10/2022.

 

  1. 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.

 

  1. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

 

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

 

  1. Quality control errors will not invalidate an otherwise valid prize claim.

 

  1. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.

 

  1. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.

 

  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

 

  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

 

  1. 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 https://www.fourthwavewine.com.au/Privacy.  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, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.

 

  1. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms

 

  1. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. 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 Instagram. Instagram 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.

  2. The Promoter is Fourth Wave Wine Partners (ABN 32 243 483 797) of Suite 1, Level 3, 240-244 Pacific Highway, Charlestown, NSW 2290, telephone 1300 778 047 (“Promoter”).

 

ACT Permit No. TP22/00224. SA Permit No. T22/145

Privacy Policy 

Fourth Wave Wine Partners Pty Ltd

ACN 126 837 143

Date: 19 January 2021

 

  1. Overview
     

Elephant In The Room is operated by Fourth Wave Wine Partners Pty Limited who is referred to in this privacy policy as “we”, “us”, “our” and similar grammatical forms.

This Privacy Policy applies to all Websites operated by Fourth Wave Wine Partners Pty Limited and related to Personal Information we collect and handle about you as our customers, visitors to our website and members of the public. By using our Elephant In The Room or registering for an account with us, you are accepting the terms of this privacy policy, and you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this privacy policy.

We appreciate that your privacy is important to you, Fourth Wave Wine Partners Pty Limited will continue to protect the personal information you provide us and we will manage your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). Fourth Wave Wine Partners Pty Ltd will not sell Personal Information about you.

 

We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.

  1. What information do we collect?

The type of information we collect from you will depend on what services on our Website that you use. The personal information we may collect includes:

  • Name;

  • Contact details (e.g. email address, telephone number(s), residential and delivery addresses);

  • Information to identify you (e.g. date of birth);

  • Household details (e.g. number of people living at household and their ages);

  • Payment and transaction details/history (including information about payment cards linked to flybuys and associated transactions);

  • Records of your communications and interactions with us; and

  • Details/history of purchases, preferences, interests and behaviour relating to transactions, products, services and activity with our digital services.
     

General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from the [name of online store]. The anonymous non-personal information that when collect and analyse in not personal information as described in the Privacy Act.

We may not be able to provide our products or services or make offers to you without your Personal Information.

 

Where you provide us with Personal Information about someone else you must have their consent to provide their Personal Information to us based on this Privacy Policy

  1. When do we collect information?

We do not automatically collect personal information from you, such as your name, address, phone number, email address or other personally identifiable information about you (personal information).

We collect three categories of information when you use our Website:

  • the personal information you voluntarily provide — that is, we collect personal information with your informed consent;

  • anonymous non-personal information about how you use our Website; and

  • “cookie” based information that makes your use of our Website easier by recording your preferences so that when you return to our Website the “cookie” re-loads that information into your web browser.


For example, we will collect personal information from you when you subscribe our Websites, place an order, respond to a promotional offer, competition or survey or fill out a form related to any customer service feature operating on our Websites.

We may monitor and record your communications with us (including email and telephone) for security, dispute resolution, and training purposes.

We may also collect Personal Information from third parties including from:

  • Public sources;

  • Anyone authorised to act on your behalf; and

  • Information service providers (including for data integrity purposes);
     

  1. Why do we collect information?

The personal information collected on our Websites will be used to provide the services you have requested, such as setting up and managing your account with (name of website/online store) or processing any purchases you may make at the Elephant In The Room. Some of the reasons for collecting your Personal Information include:

  • To manage your requests for products and services, including delivery, processing payments, providing refunds and discounts;

  • To register and service your account, including keeping your information up-to-date, and verifying your identity;

  • To communicate with you about our products, services, and promotions;

  • To help us improve our products and services, including conducting product and market research;

  • To improve our operational processes to enhance your customer experience;

  • To respond to your feedback, queries, or concerns;

  • Working with our service providers;

  • Investigative, fraud, and loss prevention activities;

  • Interacting with Regulators and relevant government entities;

  • Any of our related companies and brands including the Coles group; and

  • As otherwise required or permitted by law.

 

Using Personal Information, we endeavour to improve our understanding of your interests, suitability, and behaviour in relation to products, services, and offers, including conducting risk assessments for financial products (including credit and insurance).

We may also handle your Personal Information to protect our lawful interests and facilitate purchases and potential purchases of our businesses.
 

  1. How do we store your information?

We use different technologies and procedures to help protect personal information from unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, information firewalls and access authorisation controls to where your personal information is held in data centres. We also use data encryption when personal information is transferred to and from our service providers. Our commitment to data security means:

  • we have procedures to limit access to personal information within our organisation;

  • we use security measures and technologies within our organisation to protect your personal information; and

  • we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where credit card information is being transferred.

All customer information is protected and will not be shared with any third party.

  1. What use do we make of your personal information?

We will communicate with you in relation to any purchases you make from the Elephant In The Room and in relation to the management of your subscription account with the WooCommerce which will include providing you with information about the EDM, Subscription purchases, Emails!

If you subscribe to Elephant In The Room   we may send you information and updates about any other product, service or information that we provide to our customers; in addition we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, we include detailed unsubscribe instructions at the bottom of each email.

We may only release your personal information when we believe release is appropriate to comply with the law, enforce our subscription agreements, website policies and terms & conditions, or protect ours or others rights, property, or safety.

  1. How can I access the personal information that you collect?

We are happy to provide you with details of personal information held about you. If you wish to access or correct any Personal Information we hold about you, please contact us. When making an access request, please provide as much detail as you can about the particular information you seek, in order to help us retrieve it. Under the Privacy Act and other relevant laws, we are required to provide a written response outlining our reasons if we refuse your request. Where we decide not to make a requested correction and you disagree, you may ask us to add a note of your requested correction to the information that explains your correction request.

If you have any complaints or concerns about this Policy, or if you believe that your personal information has been misused, you can inform us of your complaint by emailing us and we will attempt to resolve the matter. Our

Fourth Wave Wine Partners Pty Ltd

(Address):

Telephone:

Email: sales@fourthwavewine.com.au

If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC). Contact details are set out below.

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001

Telephone: 1300 363 992.

Email: enquiries@oaic.gov.au

Website: www.oaic.gov.au

OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints
 

  1. “Cookies” and other web use tracking technologies

When you access our Website, a small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.

Our systems record a variety of information in relation to interactions with our online services. This can include information about software versions used, device identifiers (like IP address), location data (where available and not disabled by the user), dates, times, file metadata, referring website, data entered, and user activity such as links clicked. We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.

We collect information using “cookies” and other tracking technologies for the following reasons:

  • to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;

  • to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;

  • to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and

  • when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.

 

Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.

If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.

In some cases, third parties may use cookies and other technologies such as web beacons, Flash local stored objects, and JavaScript. These technologies may be used in connection with activities like surveys, online behavioural advertising, website analytics, and email campaign management. The service we may use from time to time include those offered by Google (including AdSense and DoubleClick), Yahoo, Adobe (including Campaign Manager and Analytics), and Microsoft. You can contact us to request further details of the services we use. Many of these services operate without collecting or using any Personal Information.

Some information we collect is not related to an individual. In many cases the information only relates to a device or is of an aggregated or statistical nature, and we will have no way of knowing the identity of the user. In other cases we may associate information about your use of our Website over time with your Personal Information, e.g. where on any occasion you have logged in, followed a link sent to you by email or we have otherwise been able to identity you. 

  1. Third party links

Our Websites may include links to websites operated by third parties. We have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our Websites and welcome any comment about linked websites.

  1. Your consent

By using our Website, you consent to this privacy policy.

  1. Changes to our privacy policy

We are constantly developing and enhancing our use of online technologies, and make reasonable efforts to ensure we keep this Privacy Policy and related documents up to date in this regard. Please check back when you return to use our online services to ensure you are familiar with our current practices.

This privacy policy was last modified on 19 January 2022.