Promoter

Brown Brothers Milawa Vineyard Pty Limited t/as Innocent Bystander (ABN 56 005 349 235), 9 Clifton Street, Richmond VIC 3121.

Offer Period

12.01am (AEDT) on 13/03/2023 to 11.59pm (AEST) on 21/05/2023, or until gift stocks are exhausted, whichever comes first.

Who can claim?

Only Australian residents (excluding SA and ACT) who are aged 18 or over.

Who can't claim?

Directors, officers, management and employees (and their immediate families) of:

  1. the Promoter; and
  2. the agencies, companies or participating premises associated with this offer.

Where will the offer run?

The offer will run in participating liquor licensed outlets where advertising material is displayed (including the online stores of those outlets) (Outlets) in Australia excluding the ACT and SA (or online purchases made for delivery in ACT or SA).

Website

www.claimyourinnocence.com.au

Qualifying Purchase

Any two bottles of Innocent Bystander (each 750ml) in one transaction.

Claim instructions

To claim, you must, during the Offer Period:

  1. make a Qualifying Purchase from an Outlet and collect your itemised purchase receipt; and
  2. visit the Website, locate the claim page and fill out and submit the online claim form, including by uploading an image of the Qualifying Purchase receipt and providing all other requested information.

There is a limit of 1 claim per Qualifying Purchase transaction.
Proof of purchase must be identical to that provided by you with your claim. Your purchase receipt must clearly identify where the Qualifying Purchase was made, the product/s purchased (which must comprise a Qualifying Purchase) and the date of purchase (which must be during the Offer Period before you submitted your claim).

Gift

There are 3,000 gifts available for the entire Offer Period, while stocks last, awarded on a first-in basis, as follows:

  • Innocent Bystander Beanie (adult size) valued at $25, with a total of 2,000 available; and
  • Innocent Bystander x Mr Simple Tee (adult size) valued at $59.95, with a total of 1,000 available.

Successful claimants can choose 1 of the 2 gift types listed above, subject to stock availability. For avoidance of doubt, if the stock of 1 gift type is exhausted, a successful claimant will instead receive the gift type that is in stock. The Promoter is not liable if you do not get your preferred gift.
Gifts will be delivered by post to the address specified in the claim form after successful claim validation. Please allow up to 72 hours for validation.

How many times can I claim?

There is a limit of 1 claim per Qualifying Purchase transaction, and max 2 claims per person in total.

How and when will the successful claimant/s be informed?

Successful claimants will be notified by email within 3 business days of submitting their claim.

Proof of purchase

You must keep the following as proof of purchase for all claims:

  • original itemised purchase receipt(s)

If you don't produce the above proof of purchase for all claims when asked the Promoter may disqualify all of your claims and you will lose any right to a gift.
If, in the Promoter's opinion, you have shared any proof of purchase with another person, your claims will be invalid, and you will lose any right to a gift.

Collection and use of your personal information

If you are a successful claimant, you must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You consent to the Promoter using your name/s and image/s in any promotional or advertising activity.
The Promoter may collect your personal information directly or through the Promoter's agents or contractors. The Promoter will use your personal information to conduct and manage the offer. The Promoter may disclose your personal information to the Promoter's related companies, agents and contractors to assist in conducting this offer, communicating with you or storing data. This may include disclosures to organisations outside Australia.
By claiming, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging provided that where required by the Spam Act 2003 (Cth), the Promoter includes a functional unsubscribe facility in each direct marketing communication it sends you that you may use to opt-out of any further such communications and provided that the functional unsubscribe facility complies with the Spam Regulations 2021 (Cth). By claiming, you consent to receive email or SMS messages from the Promoter without any functional unsubscribe facility if they relate primarily to the conduct of this offer.
The Promoter’s Privacy Policy (see www.innocentbystander.com.au/privacy-policy) includes information about:

  1. how to seek access to the personal information the Promoter holds about you and seek correction of the information; and
  2. how to complain about a privacy breach and how the Promoter will deal with such a complaint.

Responsible drinking

Enjoy alcohol responsibly. Consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol – see: www.nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol.
See also the NSW Liquor Competition Guidelines and Intoxication Guidelines at www.liquorandgaming.nsw.gov.au/documents/gl/gl4001-liquor-promotion-guidelines.pdf.

Permit numbers

Authorised under:
NSW Authority No. TP/00036
  1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about gifts and how to claim forms part of these Terms and Conditions. By claiming, you accept these Terms and Conditions.

Claim

  1. Your claim must be received during the Offer Period and will be deemed to be received only when received by the Promoter. If you return a Qualifying Purchase your claim may be deemed invalid at the Promoter's discretion (unless the product is defective). If online claim is available, you will receive a return message confirming your claim. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with claiming. If you claim using automatically generated claims or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.

Gifts

  1. Gift/s must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Gift/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter.
  2. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share a gift.

General

  1. Any failure by you to comply with the conditions imposed by the gift supplier(s) may result in the gift being cancelled or withdrawn without liability for the Promoter or the gift supplier(s).
  2. If you or your claim are deemed by the Promoter to breach these Terms and Conditions, your claim (or at the Promoter's discretion, all of your claims) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your claims and/or verifying your identity (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
  3. You must not:
    1. tamper with the claim process (including but not limited to manipulating the system via bots, script use, or any other means to circumvent the claim process);
    2. engage in any conduct that may jeopardise the fair and proper conduct of the offer;
    3. act in a disruptive, annoying, threatening, abusive or harassing manner;
    4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this offer;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
  4. The Promoter is not liable for claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
  5. If any dispute arises between you and the Promoter concerning the conduct of this offer or claiming a gift, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this offer is final.
  6. Gifts cannot be transferred or exchanged nor redeemed for cash. Without limiting any other term of these Terms and Conditions, all gifts must be taken as and when specified, or will be forfeited with no replacement. The gift values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in gift value. You agree that if a gift is unavailable for any reason the Promoter may provide another item of equal or higher value.
  7. If this offer cannot run as planned for any reason beyond the Promoter's control (for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, government directives, a pandemic, public health orders and the like), the Promoter may end, change, suspend or cancel the offer or disqualify affected claims/claimants.
  8. The Promoter is not responsible for any tax implications arising from you winning a gift. You should seek independent financial advice. If for GST purposes this offer results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

Liability

  1. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
  2. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this offer are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this offer or any gift, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
  3. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this offer are not liable for any loss of, damage to or delay in delivery of gift/s, or for any damage that occurs to displayed gift/s (where relevant). Unless otherwise specified, gift/s will only be delivered to addresses in Australia.
  4. This offer is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.