Terms & Conditions
Promoter/Data Controller: Benchmark Drinks Ltd of The Courtyard, Shoreham Road, Upper Beeding, Steyning, West Sussex, BN44 3TN.
1. Promotion is open to residents of the United Kingdom who are aged 18 or over, except employees of the Promoter (Benchmark Drinks Limited) and their immediate family members or anyone professionally associated with this promotion.
2. Internet access is required.
3. Maximum one entry per person.
4. Promotion Period: 00:01 on 1 September 2023 until 23:59 on 3 December 2023. Entries submitted after the end of the Promotion Period will not be accepted.
5. To participate: During the Promotion Period scan the QR code or visit winwithmadfishwines.co.uk and complete the entry form with your full name and email address and date of birth. When you successfully complete the entry form you will automatically be entered into the Prize Draw.
6. Prize: 1 winner will each a 7-night trip for two to Western Australia. Minimum 1 traveller must be over the age of 21 for car hire purposes. Prize includes return economy flights (flights might not be direct) from any UK airport to Perth, rental car hire for 8 days (Avis Group K/ intermediate SUV, basic car insurance only, winner can extend insurance at winner’s own cost) to collect and return to Perth. Accommodation is: 3 nights in a studio at Nautica Residences Fremantle in Perth; 1 night in a 1 bed apartment in Seashells Mandurah; 3 nights in a 1 bed apartment in Seashells Yallingup in Margaret River. Prize also includes Wine-tasting lunch and dinner with winemaker Nic Bowen (and transport to and from venue), Swimming with wild dolphins (Perth Wildlife Encounters, includes transport to and from experience) and a Rottnest Island Bayseeker experience (with SeaLink Rottnest Island, includes transport to and from experience). Trip also includes £250 spending money. Trip must be booked before end of January 2024 and may only be taken between 1 October and 30 November 2024 but not between 20 October and 9 November. Travel insurance is not included but is recommended.
7. Further Prize details:
a. Winner will be required to provide proof of age and identity and any documentation as reasonably required by the Promoter in order to validate their eligibility to claim the prize;
b. Winner and guest must have all applicable visa and travel requirements;
c. If a winner is unable to accept the prize, no compensation will be provided;
d. The winner and their guest are responsible for ensuring that valid passports (minimum 2 clear pages, minimum 6 months’ validity from proposed date of return), visas and all health or other Government requirements prior to departure;
e. All expenses not explicitly set out in these terms and conditions will be the responsibility of the winne;.e. All expenses not explicitly set out in these terms and conditions will be the responsibility of the winner;
f. Once a booking has been confirmed no changes are permitted;
g. If a booking is cancelled no alternative tickets will be issued;
h. All travel is subject to the travel provider’s standard terms and conditions. Once booked, travel tickets cannot be altered or amended, and no refunds are possible;
i. Prize travel tickets cannot be used in conjunction with any loyalty programme, any other discount, discount coupon(s) or voucher(s), promotion(s) or special offer;
j. Once travel tickets have been issued, the Promoter shall not be liable for any failure to comply with its obligations caused by (but not limited to) weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, or any other circumstances beyond the control of the Promoter or travel companies;
k. All expenses not explicitly set out in these terms and conditions will be the responsibility of the winner; and
l. The promoter and the prize provider are not responsible for any loss or damage suffered by the winner and/or their guests in relation to this promotion, the exercise of the prize.
8. The prize is not transferrable and cannot be exchanged for cash. In the event of unforeseen circumstances, the Promoter reserves the right to substitute a prize, or part of a prize, for an alternative of equal or greater value. In the event for any reason the prize winner does not take an element of the prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize.
9. It is the responsibility of the entrant to provide correct, up-to-date details when entering the promotion and on acceptance of their prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
10. The Promoter reserves the right to verify all entries including but not limited to asking for address and proof of identity to be sent via email (which must be received by the Promoter within 5 days of the date of request) and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the entrant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this promotion’s entry requirements or otherwise where an entrant has gained unfair advantage in participating in the promotion or won using fraudulent means.
11. Winner selection and notification: All valid entries received by the Promoter during the Promotion Period will be submitted into a prize draw to be conducted by or under the supervision of an independent body within 1 working day of the end of the Promotion Period. The winner and 2 reserves will be selected. The provisional winner will be notified by email to the account associated with the winning entry within 1 day of the end of the Promotion Period. The winner must respond within 10 working days of the date of the notification email, confirming compliance with these Terms and Conditions and eligibility (age, residency, preference of trip dates and passport details of winner and proposed guest). Failure to comply with this timeframe may result in disqualification of that Prize Draw prize winner and the prize being awarded to a reserve selected in the same manner as described above. Entrants are encouraged to monitor their email account during this time in case they are selected as a winner.
12. Unclaimed Prize: If despite the best efforts of the Promoter, the prize remains unclaimed after offering to 2 reserves, the Promoter shall not be obliged to allocate the prize but may withdraw it from the promotion.
13. Prize winners may be requested to participate in publicity arising from the promotion.
14. Privacy: The Promoter will collect personal information from entrants for the purposes of administering this Promotion and will share this personal information with its marketing agency who will be assisting with the administration of the Promotion and fulfilling the prize. Personal data of entrants will not be used for marketing purposes unless the entrant specifically opts in to receive marketing communications from the Promoter. By entering this promotion, entrants agree to the collection and use of their personal data in this manner. The Promoter is bound by the EU General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 and all applicable laws, and holds personal data in accordance with the terms set out in its privacy policy, available here. Entrants’ personal data will be stored for 3 months from the end of the Promotion Period, after which it will be securely destroyed. The Participant has the right to access and rectify their personal data and, insofar as applicable, the right to request the deletion of their data and the right to object to the processing of their data. If an entrant exercises any of these rights, it may affect their ability to participate in the Promotion. The participant may exercise these rights or ask any question relating to the management of their personal data by contacting the Promoter by email to the following address: travelbagmarketing@travelbag.co.uk.
15. Privacy – winner details: The name and region of the winners will be available by sending an email to travelbagmarketing@travelbag.co.ukwith “MadFish Western Australia Winner” in the subject header to arrive between 1 February and 31 March 2024. Entrants can object to disclosure, or request that disclosure be limited in scope by advising the promoter when accepting their prize. We may nevertheless disclose the information to the Advertising Standards Authority if required to do so.
16. No responsibility can be taken for entries which are late, lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. Proof of sending will not be accepted as proof of receipt. The Promoter does not guarantee continuous or secure access to the entry site. Entries not in accordance with these terms and conditions will not be accepted. Proof of sending will not be accepted as proof of delivery. Incomplete, illegal, misdirected or invalid entries, or entries not in accordance with these Terms and Conditions will not be accepted.
17. Insofar as permitted by law, the Promoter is not responsible for or liable to compensate the entrant, or accept any liability for any personal loss or injury occurring whilst participating in the promotion.
18. The Promoter is not liable for third party products or services.
19. If for any reason the Promotion is not capable of running as planned for reasons including but not limited to tampering, unauthorised intervention, fraud, technical failures (or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process or does not comply with these Terms and Conditions and to cancel, modify or suspend the Promotion or invalidate any affected entries.
20. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation. In exceptional circumstances including those described here, the Promoter reserves the right to cancel or amend the Promotion or these terms and conditions.
21. If it becomes apparent that an entrant is hiding their identity by using multiple email accounts, manipulating IP addresses, using identities other than their own or any automated means in order to increase that entrant’s entries, the Promoter reserves the right to cancel any prize claimed by that entrant in breach of these terms and conditions.
22. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
23. By taking part in this promotion all entrants will be deemed to have accepted and be bound by these terms and conditions.
24. The Promoter’s decision is final with regard to all promotional matters and no correspondence will be entered into.
25. These terms and conditions are governed by English law and shall be subject to the exclusive jurisdiction of the English and Welsh courts unless you live in another part of the UK, in which case your local courts will have jurisdiction.