Terms & Conditions
As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.
ORDERING VIA WEBSITE OR PHONE
When placing an order with the Fogarty Wine Group (FWG) online or by telephone, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct.
It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
More information about deliveries can be found on the Delivery page.
When placing an order with the Fogarty Wine Group (FWG) online or by telephone, you may only use one discount code per transaction.
The materials (including all software) and services at this website are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. FWG's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements.
FWG does not warrant the accuracy and completeness of the materials, information or services at this website. FWG may make changes to the materials and services, or to the products and services described at this website, at any time without notice.
The materials and services at this website may be out of date, and FWG does not make any commitment to update the materials and services at this website.
Information published at this website may refer to products, programs or services that are not available in your country. Consult your local FWG business contact for information regarding the products and services that may be available to you. Applicable laws may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
The website is provided by FWG in good faith but FWG does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the website or the content or any websites to which it is linked, and all warranties and representations are hereby excluded to the extent permitted by law.
The contents of the website do not constitute advice and should not be relied upon in making, or refraining from making, any decision. To the extent permitted by law, FWG hereby disclaims all liability, howsoever arising, in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the content, the website and/or any website to which it is linked, or any action taken (or refrained from being taken) as a result of using any of these.
WIN $500 WORTH OF WINE WITH FOGARTY WINE GROUP
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Entry is open to Australian residents over 18 years of age. Individuals must have a valid email account to be eligible to enter. Employees of the Promoter (and their immediate families) are not eligible 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.
Promotion commences at 12PM AWST on 7 August 2021 and ends at 11:59PM AWST on 28 August 2021 (“Promotional Period”). One (1) overall winner (“Prize Winner”) will be selected by random prize draw at 3pm on 2 September 2021 at Promoter’s Premises at Level 1, 5 Ord Street, West Perth WA, Australia 6005. Prize winner will be notified on 4 September 2021 by their email and will be published on the Promoter’s website no later than 7 September 2021 (providing the Prize Winner claims the prize within 3 working days).
To enter, eligible individuals must complete the form provided by Fogarty Wine Group at https://www.fogarty.wine/pages/win-a-500-gift-card or the participating brands (Dalwhinnie Wines, Millbrook Winery, Evans&Tate or Deep Woods Estate) affiliated Facebook and Instagram pages during the Promotional Period. By entering the Promotion, individuals agree to be signed up to the Fogarty Wine Group database.
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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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. Incomplete or indecipherable entries will be deemed invalid. 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. The Promoter’s decision is final, and no correspondence will be entered into.
The total prize pool for the Promotional Period is valued at AUD $500. The prize includes a $500 gift voucher for Fogarty Wine Group online store.
Subject to the unclaimed prize draw clause, if for any reason a Prize Winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. A redraw will take place if the Prize Winner does not claim their prize at 3:00pm AWST 8 September 2021 (3 working days from the time and date the winner was chosen). Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
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.
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.
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 or in New Zealand (“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.
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.
The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia. The Promoter is FOGARTY WINE GROUP ¬¬Level 1, 5 Ord Street, West Perth WA 6005