Terms Of Use

  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.

  2. Entry is only open to residents aged 18 years or over.

  3. Employees (and their immediate families) of the Promoter, participating on-premise venues 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.

  4. Entries into the promotion open on 01/11/2021 and close at 11:59pm AEDST on 31/03/2022 (“Promotional Period”).

  5. To be eligible to enter and receive a game card (while stocks of game cards last), individuals must purchase a Patron Paloma Cocktail from a participating on-premise venue during the Promotional Period (“Qualifying Purchase”). A participating on-premise venue is any on-premise venue nationally that displays advertising material featuring this promotion (each a “Participating On-Premise Venue”).

  6. Upon making a Qualifying Purchase (and subject to game card stock availability in each Participating On-Premise Venue), individuals will be given a promotional game card that will contain a unique QR code. If a game card is not automatically handed to the individual, it is their responsibility to request it. To enter, individuals must, using a smart mobile device, scan the unique QR code on the promotional game card, follow the prompts to the competition entry page, input the requested details, check the box agreeing to the full Terms and Conditions and the Promoter’s Privacy Policy, check the optional opt in box to receive marketing materials from the Promoter; and then submit the fully completed online entry form during the Promotional Period. Each entrant will be notified instantly online (via their mobile device) whether or not they are an instant winner. All valid entries received from winners and non-winners of an instant prize will be automatically placed in the major prize draw (“Major Draw”).

  7. Multiple entries permitted, subject to the following: (a) only one (1) entry is permitted per Qualifying Purchase regardless of the number of Patron Paloma Cocktails purchased in that transaction; (b) each entry must be submitted separately and in accordance with entry requirements; (c) a maximum of one (1) entry is permitted per person per day; (d) a maximum of ten (10) entries are permitted per person for the duration of the promotion; (e) only one (1) unique QR code per entry is permitted; (f) the same unique QR code cannot be used more than once; and (g) unrecognised QR codes will be deemed invalid.

  8. Entrants must retain original promotional game cards clearly showing the unique QR code(s) used to enter for all entries as proof of purchase. Failure to produce the original promotional game cards 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.

  9. 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.

  10. Incomplete or indecipherable entries will be deemed invalid.

  11. 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.

  12. Each Participating On-Premise Venue will receive one (1) of three (3) promotional kits, either an ‘A’, ‘B’ or ‘C’ kit. The number of instant prizes and promotional game cards in each Participating On-Premise Venue (based on the kit) are as per the table below. There will be a maximum of eighty eight (88) kits across Participating On-Premise Venues nationally. Each instant prize is a $20 Vault Pays-enabled Prepaid Mastercard® (“Instant Prize”). There is a one (1) in four (4) chance of winning an Instant Prize in each Participating On-Premise Venue. Winners of an Instant Prize will be sent a text message, to the same mobile number used when submitting their entry, with a link to their Digital Gift Card and instructions on how to download it to their wallet on their mobile device:

    No of Participating On-Premise Venues

    Kit

    No. of Game Cards per Participating On-Premise Venue No. of Instant Prizes per Participating On-Premise Venue
    3 A 600 150
    25 B 452 113
    60 C 152 38


  13. ACT winners of an Instant Prize will have their name published online at Patronrefreshinglyperfectsummer.com.au on 18/04/2022.

  14. All valid winners and non-winners of an Instant Prize will be entered into the Major Draw. The Major Draw will take place at Pilgrim Communications Pty Ltd, 51A/23 Norton Street, Leichhardt NSW 2040 at 11:00am AEDST on 28/04/2022. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner of the Major Draw will be notified in writing by email and their name will be published online at Patronrefreshinglyperfectsummer.com.au on 12/05/2022.

  15. The first valid entry drawn from all valid entries received in the Major Draw, will win a $2,000 food and beverage voucher redeemable at the Participating On-Premise Venue associated with the winning entry.  Any ancillary costs associated with redeeming the food and beverage voucher are not included. Any unused balance of the food and beverage voucher will not be awarded as cash. Redemption of food and beverage voucher is subject to any terms and conditions of the issuer including those specified on the food and beverage voucher.

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

  17. Any ancillary costs associated with redeeming the Vault Pays-enabled Prepaid Mastercard are not included. The Vault Pays-enabled Prepaid Mastercard must be activated within 2 months of issue and is valid for 12 months after activation. At expiry of the Vault Pays-enabled Mastercard any unused balance will be forfeited. We will not give you notice prior to expiry. Card expiry and balance can be found on your mobile device in your digital wallet. The Vault Pays-enabled Prepaid Mastercard is issued by EML Payment Solutions Limited (ABN 30 131 436 532) AFSL 404131 pursuant to license by Mastercard Asia/Pacific Pty Ltd. See www.vaultps.com.au/terms for terms and conditions. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated. Winners of cash prizes totalling $1,000 or more will need to provide a ‘Know your customer” (KYC) form, which details information (but not limited to) such as: Full name, D.O.B. and address.

  18. 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.

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

  20. 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.

  21. Total maximum prize pool value is $113,100 nationally.

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

  23. A draw for the Major Draw prize or any Instant Prize that is won but remains unclaimed, may take place on 28/07/2022 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing by email. In the event the major prize is awarded or there are any ACT winners of an Instant Prize, their names will be published online at Patronrefreshinglyperfectsummer.com.au on 11/08/2022.

  24. 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.

  25. 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.

  26. Any cost associated with accessing the promotional website via a unique QR code 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.

  27. Quality control errors will not invalidate an otherwise valid prize claim. 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. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.

  28. 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.

  29. 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.

  30. 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.bacardilimited.com/privacy-policy/.  If the entrant opts in at the time of entry, 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 may disclose PI overseas, see the Promoter’s Privacy Policy for more details.

  31. The Promoter is Bacardi-Martini Australia Pty Ltd (ABN 40 103 911 146) of L8 201-217 Kent St Sydney, NSW, 2000 Australia. 


    NSW Permit No. TP/00218. ACT Permit No. TP21/01768. SA Permit No. T21/1581