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Terms & Conditions

SUNDAY SOMEWHERE PTY LTD
TRADING AS “SUNDAY SOMEWHERE”
(ABN 23 148 900 565)

$100 OFF SELECTED STYLES* - TERMS AND CONDITIONS

*Conditions apply. Selected styles only as shown on website. Limited availability until stock sells out. Sale starts 1:01am 21st March 2017, and ends 2:01am 24th March 2017 AEST. Excludes gift vouchers, optical collection & any full priced items. Prices as marked.

Sale items cannot be exchanged or returned. Cannot be used in conjunction with any other discount code.

SALE - TERMS AND CONDITIONS

*Conditions apply. Sale starts 00.01 Monday 26th December 2016 and ends 23:59 Tuesday 3td January 2017 AEST. Up to 70% OFF available on selected items. Prices as marked. Limited availability, while stocks last. Items purchased are final and cannot be exchanged or returned. Sale items cannot be resold commercially by non licensed Sunday Sunday retail accounts. Cannot be used in conjunction with any other discount code.

30% OFF APPAREL - TERMS AND CONDITIONS

*Conditions apply. Sale starts 00.01 Thursday 8th Decem ber and ends 23:59 Monday 19th December 2016 AEST. 30% OFF available on Sunday Somewhere x Instead We Smile apparel items only. Prices as marked. Limited availability, while stocks last. Sale items cannot be exchanged or returned. Sale items cannot be resold commercially by non licensed Sunday Sunday retail accounts. Cannot be used in conjunction with any other discount code.

JACOB’S CREEK LE PETIT ROSÉ SUNDAY SOMEWHERE PROMOTION

  1. Information on how to claim, mechanics of claim process and Gifts form part of these terms and conditions (Offer Conditions). Participation in this offer is deemed acceptance of these Offer Conditions. Participation in this offer is deemed acceptance of these Offer Conditions. Access to the internet via computer, smartphone or tablet is required to access the Promotional Website required to submit a Claim.

ELIGIBILITY

  1. Offer is only open to residents of Australia aged 18 years or older (Claimants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers, agencies whom are directly associated with the conduct of this offer and any retailer activating the promotion are ineligible to participate. Participation in this offer is subject always to the participating outlet’s/licensee’s liquor serving policy.
  2. Each entrant may enter only once.

PURCHASE PERIOD

  1. The Eligible Purchase must be made between 9am AEDST on 17 October 2016 and 11:59pm (AEDST) on the earlier of 30 November 2016 or exhaustion of stock (Purchase Period).

CLAIM PERIOD

  1. The Claim Period starts at 9am AEDST 17 October 2016 and ends on the earlier of 11:59pm AEDST on 7 December 2016 or exhaustion of stock (Claim Period).

HOW TO PARTICIPATE

  1. To participate in the offer, Claimants must:
    1. During the Purchase Period, purchase 4 or more bottles of Jacob’s Creek Le Petit Rosé in one transaction from a participating liquor outlet that has the promotion displayed; (Eligible Purchase);
    2. retain the store receipt of the Eligible Purchase (Store Receipt);
    3. during the Claim Period, register their Eligible Purchase by:
      1. logging onto www.sundayrose.com.au (Promotional Website) and fully and correctly complete the online claim form, including entering their full name, date of birth, delivery address, contact telephone number, current and valid email address, and Store purchased from); and
      2. providing Store Receipt by uploading a photo or scanned copy of their Store Receipt directly to the Promotional Website.

these steps are collectively defined as a ‘Claim(s)’.

  1. Each registration via the Promotional Website will be allocated a unique ID as matched to a timestamp. Each registration will be allocated 1 Gift, subject to Claim validation.
  2. Claims will be validated within 1 business day of submission.
  3. Claims will be validated in order of registration. The first 2,000 validated Claims made during the Offer Period and received by the Promoter during the Claim Period will each be awarded one (1) Gift.
  4. All Claims must be registered via the Promotional Website by the end of the Claim Period or by the time that all Gifts have been awarded, whichever is first to occur. The Promotional Website will include a ticker which shows the Claimant how many Gift registrations remain available.
  5. Should any Claim be deemed invalid, the Gift allocated to that applicable Claimant will be forfeited and reallocated to the available Gift pool.
  6. After all 2000 Claims have been validated, the ticker will indicate that all prizes have been exhausted and no further Claims will be accepted.
  7. Offer is strictly limited to the first 2000 valid Claims. The Promoter’s decision is final and no correspondence will be entered into.
  8. Once the Promoter receives and validates a Claim the successful Claimants will receive an electronic direct mail (eDM) from the Promoter containing a unique code and confirming that the Claimant is eligible for a Gift. Upon receipt of the unique code, the Claimant must, before 31St January, 2017]:
    1. Access the Sunday Somewhere Promotional Collection Website sundaysomewhere.com.au/collections/lepetitrose;
    2. Select their desired frame (subject to availability);
    3. Enter the unique code; and
    4. Enter credit or debit card details as specified and any other details requested including full name, delivery address and contact phone number.

These steps are collectively defined as an “Order”.

  1. Once the Claimant’s order is finalised, the Claimant’s nominated credit card or debit card will be charged with $15.00 for postage and handling. Gifts will be mailed to validated Claimants at the delivery address nominated in the Order within 7 business days of submitting the Order.
  2. Maximum of one (1) claim per Store Receipt and (2) claims per household. Claims will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Claims received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible claims will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected claims. Contact details entered incorrectly on the Promotional Website by a Claimant may deem a claim invalid.
  3. Costs associated with accessing the Promotional Collection Website remain a Claimant’s responsibility and may vary depending on the Internet service provider used.
  4. The use of any automated claim software or any mechanical, electronic or other means that allows a Claimant to automatically claim repeatedly is prohibited and will render all claims submitted by that Claimant invalid.

GIFTS

  1. Each gift consists of Sunday Somewhere sunglasses valued at between $00 and $309.00 each depending on the design selected (Gift). There are approximately 50 different designs available but some designs may have been exhausted by the time the Claimant receives the unique code.
  2. Total Gift pool value is up to $618,000. Gifts are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Gifts must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any variation in Gift value. All Gift values are the recommended retail price including GST.

KEEP RECEIPTS

  1. Each Claimant must retain and may be required to present proof of their Eligible Purchase in order to claim a Gift. A Claimant will be required to provide to the Promoter proof of purchase for all claims made. If a Claimant is unable to provide proof of purchase for all claims made within the required timeframes, then all the claims of that Claimant will be ineligible and deemed invalid. Proof of purchase includes providing the original Store Receipt and showing a photocopy of the Store Receipt for the Eligible Purchase made during the Offer Period. Store Receipts must be intact and clearly specify the participating outlet where the Eligible Purchase was made, the Store Receipt number used by the Claimant and that the Eligible Purchase was made during the Offer Period but prior to claim.

GENERAL

  1. Claimants can only participate in their own name. Claimants who provide incorrect, misleading or fraudulent information are ineligible to participate in the offer and all claims of a Claimant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Claimant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Claimant’s identity, age, residential address, eligibility to participate and claim a Gift, and any information submitted by the Claimant in participating in the offer, before issuing a Gift. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or a Claimant or claim has not been verified or validated to the Promoter’s satisfaction then all the claims of that Claimant will be ineligible and deemed invalid.
  2. It is a condition of accepting a Gift that the Claimant is aged 18 years or older. A Claimant may be required to sign a legal release/s in a form determined by the Promoter in its absolute discretion.
  3. The Promoter reserves the right to verify the validity of any and all claims and reserves the right to disqualify any Claimant for: (a) tampering with the claim process; (b) submitting a claim which is not in accordance with these Offer Conditions; or (c) if the Claimant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the offer. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  4. A Gift will only be awarded where the Claimant fulfils all of the requirements of the Promoter’s validation and verification tests and procedures. The validation and verification tests and procedures shall be determined by the Promoter in its absolute discretion. Electronic and other quality control errors will not invalidate an otherwise valid claim. Unless otherwise due to fraud or ineligibility under these Offer Conditions, all claims in excess of the advertised Gift pool will be met.
  5. If this offer is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this offer, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the offer and/or, if necessary, to provide an alternative gift or gifts to the same value as an original Gift or Gifts, subject to any written directions made under applicable State legislation.
  6. The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the offer. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this offer and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this offer as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged claims, Gift claims or Gifts; and/or (iv) acceptance and/or use of any Gift. Applicable manufactures and/or distributors should be contacted in regards to all Gift warranty claims.
  7. If a Gift or element of a Gift becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable gift or gift element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State legislation.
  8. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this offer may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Offer Conditions or any other legal obligation by a Claimant, the Claimant agrees to indemnify the Promoter for those losses, damages and costs.
  9. Your Personal Information is being collected by the Promoter to include entrants in the promotion and where appropriate award prizes. If you fail to provide the Personal Information that is being requested you may not be able to enter this trade promotion, receive a prize, deal with your complaint or receive marketing information (as applicable). The Promoter may also share your Personal Information with other companies or individuals who assist us in providing products or services or who perform functions on its behalf (such as direct marking companies, mailing houses, consultants and service providers).  If the Promoter is to disclose information to an overseas recipient, it is likely to be to one of the countries identified in its Privacy Policy. The Privacy Policy explains how you may seek correction to Personal Information the Promoter holds and how to make a complaint and is available at pernod-ricard-winemakers.com.
  10. The Promoter supports responsible consumption and recommends that alcohol be enjoyed in moderation.

Promoter: Pernod Ricard Winemakers Pty Ltd (ABN: 75 007 870 046) of 16 Byfield Street, North Ryde NSW 2113. Ph 1800 116 939. NSW Permit No. LTPS/16/07542, SA Permit No. T16/1625.

OFFER CONDITIONS

*Conditions apply. Selected styles only as shown on website. Limited availability until stock sells out. Sale starts 12:01am Tuesday 6th to 2:01am Thursday 8th September 2016 AEST (50hrs only). Excludes gift vouchers and optical collection. Prices as marked. Sale items cannot be exchanged or returned. Sale items cannot be resold commercially by non licensed Sunday Sunday retail accounts. Cannot be used in conjunction with any other discount code.

5TH BIRTHDAY $50 FRAMES FOR 50HRS - TERMS AND CONDITIONS

*Conditions apply. Selected styles only as shown on website. Limited availability until stock sells out. Sale starts 12:01am Tuesday 6th to 2:01am Thursday 8th September 2016 AEST (50hrs only). Excludes gift vouchers and optical collection. Prices as marked. Sale items cannot be exchanged or returned. Sale items cannot be resold commercially by non licensed Sunday Sunday retail accounts. Cannot be used in conjunction with any other discount code.

ONLINE PURCHASES - TERMS AND CONDITIONS

This agreement is a contract between the Customer (“you”) and Sunday Somewhere Pty Ltd ABN 23 148 900 565 (“SUNDAY SOMEWHERE”), 3/1 Convair Avenue, Ballina, NSW 2478, Australia.

Please read the following terms and conditions carefully before placing your order with SUNDAY SOMEWHERE. By completing and submitting the customer order form online and using the SUNDAY SOMEWHERE Online service, you acknowledge that you have read and agree with the terms and conditions outlined below.

1. DEFINITIONS

The following definitions form part of these Terms and Conditions. Customer means any party or parties making direct purchases of any Goods and/or Services from SUNDAY SOMEWHERE. If there is more than one Customer, the obligations of the Customer under these Terms shall bind all such parties jointly and severally. Goods means all or a portion of the goods and/or materials and/or equipment and/or parts offered for delivery and/or supply by SUNDAY SOMEWHERE. Invoice means all invoices for Goods and/or Services supplied by SUNDAY SOMEWHERE to the Customer. Services means all or a portion of labour and/or services offered by SUNDAY SOMEWHERE from time to time. Standard Prices means SUNDAY SOMEWHERE’ prices in effect at the date of delivery, notification of which to the Customer will be reserved by SUNDAY SOMEWHERE. Terms means these terms and conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law. SUNDAY SOMEWHERE means Sunday Somewhere Pty Ltd.

2. GENERAL

2.1 The whole of the agreement between SUNDAY SOMEWHERE and the Customer is set out in these Terms.

2.2. Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) that are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer.

2.3 By receiving delivery and/or supply of the Goods and/or Services, the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.

3. QUOTATIONS AND PRICING

3.1 Prices charged for Goods and/or Services will be according to a current quotation for those Goods and/or Services. Otherwise, they will be determined by SUNDAY SOMEWHERE by reference to its Standard Prices. For Australian residents all prices quoted will be inclusive of GST.

3.2 Unless otherwise specified by SUNDAY SOMEWHERE, the prices exclude costs (freight and postage and handling fees etc), duties and charges in relation to insurance, packing (other than the standard packing of SUNDAY SOMEWHERE), crating, delivery (whether by road, rail, ship or air) and export of the Goods.

4. DELIVERY & SUPPLY

4.1 Any times quoted for delivery and/or supply are estimates only and SUNDAY SOMEWHERE shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods and/or Services by reason of any delay in delivery/supply or dispatch.

4.2 SUNDAY SOMEWHERE reserves the right to stop any delivery and supply of Goods at any time if the Customer fails to comply with the Terms.

4.3 The risk of damage, loss or deterioration of any Goods will pass to the Customer upon the date of receipt of the Goods.

4.4 The Customer is deemed to accept delivery of the Goods where it is either delivered to the Customer's premises or when SUNDAY SOMEWHERE notifies the Customer that the Goods are available for collection.

4.5 Any shortage or error in a shipment of Goods must be reported in writing (including email) by the Customer to SUNDAY SOMEWHERE within twenty-four (24) hours of the Customer’s receipt of the shipment.

4.6 The report must state the relevant invoice number, the Goods ordered and the shortage or error claimed.

4.7 SUNDAY SOMEWHERE will investigate all reports and, subject to SUNDAY SOMEWHERE’ confirmation of any shortage or error in shipment, SUNDAY SOMEWHERE will rectify any shortage or error in shipment.

4.8 Refer to SUNDAY SOMEWHERE “Shipping & Delivery” Policy.

5. RESERVATION OF TITLE

Risk and title in the Goods passes to you upon delivery of the Goods to your nominated Delivery Address.

6. AVAILABILITY OF STOCK

6.1. Goods and Services are subject to change without prior notice to the Customer.

6.2. Any order that cannot be fulfilled will automatically be back ordered and processed when stock becomes available unless it is the Customer's stated standard policy not to accept back orders or the Customer specifically marks its order, "Do Not Back Order". Deliveries at any time are subject to availability of stock and SUNDAY SOMEWHERE will not be liable for any charges due to product unavailability.

7. RESTRICTIONS

The Customer acknowledges and accepts that SUNDAY SOMEWHERE sells and supplies its Goods only through persons who have been authorised by SUNDAY SOMEWHERE to sell specific product categories at specific locations and who comply with SUNDAY SOMEWHERE's Terms.

7.1. Subject to Part IV of the Trade Practices Act 1974:

(a) Under no circumstances may the Customer sell, offer to sell, market or display, or cause to sell, offer to sell, market or display for sale, or use in any other way Goods through the internet or by mail order.

(b) The Customer is prohibited from selling, offering to sell, marketing or displaying, or causing to sell, offer to sell, market or display for sale, or use in any other way Goods outside Australia.

8. SHIPPING & DELIVERY

8.1. SUNDAY SOMEWHERE will ship by the least expensive route and carrier to all points. The freight charge will be included as a separate item on the invoice. SUNDAY SOMEWHERE shall not be liable to the Customer or any other person for any loss or damage which may result directly or indirectly from freight handling.

9. RETURN AND EXCHANGE OF GOODS

9.1. All faulty Goods must be returned to SUNDAY SOMEWHERE, complete with one package with all component parts (where applicable). Goods should be returned to SUNDAY SOMEWHERE with a completed returns form within Seven (7) days after the dispatch date. Goods deemed faulty will be replaced free of additional freight charges. Refunds will not be provided for any returned Goods, unless replacement Goods are unavailable.

9.2. Goods will be inspected by a Quality Assurance Department and Goods that have been purposefully tampered with (including but not limited to Goods that have been mishandled, Goods that have had protective coating removed and Goods that have been damaged by abuse, accident, corrosive environments, negligence or improper installation) will not qualify for exchange or credit.

9.3. The returns form referred to in clause 10.1 must quote the invoice number against which the Goods were initially supplied.

9.4. SUNDAY SOMEWHERE reserves the right to refuse any returned Goods that do not comply with SUNDAY SOMEWHERE return terms.

10. PRIVACY ACT 1988 (“PRIVACY ACT”)

Personal information collected will be used for the purpose of processing the order, and may be shared with a third party delivery agent for the purposes of delivering your order.

By placing an order the customer consents to transfer of information to the United States.

11. LIMITATIONS OF LIABILITY

11.1. To the maximum extent permitted by law, all conditions, warranties, representations, liabilities and obligations, whether implied or imposed by a statute or otherwise, in respect of supply of Goods and/or Services, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description, or any information or advice, are excluded and all liability for loss or damage, whether consequential or otherwise and whether arising from negligence or from any other course whatsoever, is excluded.

11.2. If SUNDAY SOMEWHERE is held or found to be liable to the Customer for any matter relating to or arising in connection with the sale or supply of Goods and/or Services to the Customer whether based on an action or claim in contract, negligence, tort or otherwise, the amount of damages the Customer will be entitled to recover from SUNDAY SOMEWHERE will be limited to the amounts actually paid by the Customer for the Goods and/or Services.

11.3. SUNDAY SOMEWHERE shall not under any circumstances be liable to the Customer or any other person (whether directly or indirectly) for any loss of revenue, loss of profit or any consequential loss whatsoever in any way related to or in connection with the sale or supply of Goods and/or Services to the Customer under these Terms.

12. WARRANTIES AND INDEMNITIES

12.1. No warranties except those implied and that by law cannot be excluded are given by SUNDAY SOMEWHERE in respect of Goods and/or Services supplied.

12.2. To the fullest extent permitted by law, the liability of SUNDAY SOMEWHERE for a breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent Goods, the payment of the cost of repairing or replacing the Goods or acquiring equivalent Goods, the re-supply of Services or the payment of the cost of hiring the Services re-supplied, as determined by SUNDAY SOMEWHERE.

12.3. Without limiting the generality of the above, SUNDAY SOMEWHERE will not be liable to the Customer for any indirect or consequential loss, or for any loss of profit or reputation.

12.4. The Customer acknowledges and warrants that it has relied on its own skill and judgment or, alternatively, on the skill and judgment of tradesmen and professional advisers retained by it to provide advice and assistance on the suitability of the Goods and/or Services for specific purposes and procedures and, in this respect, shall indemnify SUNDAY SOMEWHERE from and against any suit, claim, demand or compensation which, but for these Terms, the Customer may have had against SUNDAY SOMEWHERE.

13. OVERSEAS ORDERS

The Customer acknowledges that he/she is familiar with the customs laws of the country to which the Goods are to be delivered, and agrees that the Customer will be responsible for compliance with all local laws which may restrict the importation of certain goods, and will be solely responsible for payment of any present or future tax, duty or charge which may be imposed or assessed by any relevant regulatory authority on the Goods purchased.

14. LEGAL CONSTRUCTION

14.1. These Terms shall be governed by and interpreted according to the laws of New South Wales and SUNDAY SOMEWHERE and the Customer consent and submit to the jurisdiction of the Courts of New South Wales in Australia.

14.2. Any part of these Terms being the whole or any part of any clause(s) shall be capable of severance without affecting any other part of the Terms.

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