CRUISER BLACK
http://www.cruiserblack.com/codes/Terms and Conditions of Entry for the "Cruiser Debit Card Promotion" (Promotion)
1. Information on How to Enter and prize information form part of these Conditions of Entry (Conditions of Entry).
2. Entry into the Promotion is deemed acceptance of these Conditions of Entry.
3. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter's decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.
4. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person's ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
5. The Promoter's decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
6. The Promoter is Independent Distillers (Aust) Pty Ltd ABN : 49 077 568 480 of 50 Swann Dve, Laverton, VIC, 3028. (Promoter).
7. The outlets participating in the Promotion are any licensed off Premise liquor venues in Australia (Participating Outlets).
8. All prices stated are in Australian dollars, represent the recommended retail price (RRP) and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Saving Time (AEDST) depending on the date. All times are stated using the 24 hour clock.
PROMOTION PERIOD
9.
The Promotion will commence 12:01AEST on 01 August 2010 until 23:59 AEST on 30 September 2010 (Promotion Period).10. Entry in the Promotion is only open to Australian residents aged 18 years and over, excluding:
(a) management, employees, directors and contractors of the Promoter, its related entities, the Participating Outlets and other agencies, firms or companies associated with the Promotion (including suppliers of prizes);
(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph (a) of these Conditions of Entry;
(c) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,
(Eligible Entrants). The persons referred to in paragraph (b) of these Conditions of Entry includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
HOW TO ENTER
11. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
(a)
purchase any two (2) 4 x 250ml specially marked packs of the following Cruiser Black products from a Participating Outlet in one transaction:
* (i) Cruiser Black Ice;
* (ii) Cruiser Black Wild Apple;
to receive two (2) Unique Codes (one on each specially marked pack) (Qualifying Purchase); and
(b) Complete their entry in accordance with these Conditions of Entry.
12. Entry is via SMS (SMS Entry) and Internet (WEB Entry)
13. Eligible Entrants can complete their Eligible Entry during the Promotion Period by sending an SMS to 1977 5555, containing:
* (i) the Unique Code located on each of the specially marked packs purchased;
* (ii) their first name;
* (iii) their last name; and
* (iv) their postcode;
in this order (Required Format).
Example: XXXXXX YYYYYY Alex Blake 3101
and which complies with paragraph 14 of these Conditions of Entry (SMS Entry).
14. For an SMS Entry to be valid:
* (i) it must be sent from an SMS enabled mobile handset (SMS entries sent via the internet are ineligible) that is connected to a service provider and service plan (if applicable) that permits the Eligible Entrant to send SMS to premium SMS numbers (some handsets are incompatible and some service providers and / or some service plans do not permit premium SMS);
* (ii) it must be identifiable by a MSISDN (unique mobile SIM number);
* (iii) the Eligible Entrant submitting the SMS Entry must have the bill payer's permission to enter the Promotion prior to submitting their SMS Entry; and
* (iv) it must be in the Required Format.
15. Maximum cost of each SMS Entry is 55 cents (including GST).
16. SMS Entry service provided by Prime Focus Enterprises Pty Ltd ABN: 55 427 571 651 Phone: 1800 818 957 begin_of_the_skype_highlighting 1800 818 957 end_of_the_skype_highlighting begin_of_the_skype_highlighting 1800 818 957 end_of_the_skype_highlighting
17. If an Eligible Entrant submits a valid SMS Entry which complies with the Required Format and contains a valid Unique Codes they will receive an SMS response confirming that their SMS Entry is valid and has been received (SMS Response).
18. If an Eligible Entrant submits an SMS Entry which does not comply with the Required Format and / or does not contain valid Unique Codes and / or otherwise does not comply with these Conditions of Entry, they will receive an SMS response informing them of the error in their SMS Entry (Error SMS Response).
19. SMS Response and / or Error SMS Response (as applicable) receipt times may vary and are subject to network coverage and availability, the number of entries received by the Promoter, the available memory on the entrant's mobile SIM card and other technical factors.
20. Response times may vary and are subject to network coverage and availability, the number of entries received by the Promoter, the available memory of the SIM card inside the Entrant's mobile phone and/or other technical problems beyond the control of the Promoter.
21. If the Eligible Entrant receives an Error SMS and chooses to submit a new SMS Entry they will be charged an additional 55 cents (including GST). There is an automated limit on invalid SMS Entries. An Entrant may be blocked, at the discretion of the Promoter, from submitting entries once the limit has been reached.
22. Entry via SMS is only open to consumers with an SMS compatible mobile phone connected to a service provider which permits text messaging to the Promotion SMS number. Prospective Entrants should check with their network service provider to see if their mobile phone is compatible.
23. Entrants must ensure that all care is taken when entering. It is the complete responsibility of the Entrant to ensure that they SMS the correct number, in the event that an error occurs the Promoter accepts no responsibility for any costs incurred, responses received or any other financial or other consequences which result there from but is the sole responsibility of the Entrant.
24
. Eligible Entrants can complete their Eligible Entry during the Promotion Period by:
(a) visiting www.cruiserblack.com and following the links to the Promotion entry page (Online Entry Site);
(b) fully completing all details required and submitting the online Promotion entry on the Online Entry Site (Online Entry Form), including indicating their acceptance of these Conditions of Entry, (Web Entry).
ONLINE BONUS ENTRY
25. Online entrants who do not win an Instant Prize (after submitting in accordance with paragraph 24) :
(a) will have the option to invite up to 3 different friends by providing three (3) valid email addresses who have not previously been invited to enter the Promotion.
(b) receive an additional entry into the Major Prize Draw (Bonus Entry).
Online entrants must only provide the email addresses of persons who have given their implied or express consent to receive emails in relation to this Promotion.
26. If an Eligible Entrant submits a Web Entry:
* (i) which complies with these Conditions of Entry, they will receive an on-screen notification confirming that their Web Entry is valid and has been received; or
* (ii) which does not comply with these Conditions of Entry, they will receive an on-screen notification that their Web Entry is invalid,
whichever is applicable in the circumstances.
27.
There is a limit to the number of invalid Unique Codes that may be submitted by entrants in attempting to enter the Promotion. The Promoter may, at its absolute discretion, block and / or disqualify Entrants from submitting further entries into the Promotion where they have reached that limit. 28. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that any entry mechanism will be available at all times.
29. Entrants acknowledge that SMS is not a guaranteed delivery communication tool.
30. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means invalid.
31. Incomplete, illegible or incorrect entries, or which contain offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
32. SMS entries which are not in the Required Format or which contain offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
33. Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.
VERIFICATION
34.
Entrants must retain a photocopy of their purchase receipt and their Unique Codes from the Eligible Products they purchased as part of their Qualifying Purchase (Proof of Purchase) which corresponds to all entries they submit in the Promotion in order to claim any prize (if won).35. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion:
(a) appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a prize (if drawn) and compliance with these Conditions of Entry; and
(b) their Proof of Purchase that corresponds to all entries they have submitted in the Promotion.
If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the entrant will be deemed as invalid.
Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction
36. All costs associated or arising in connection with the prizes are the responsibility of the respective prize winner.
37. Entrants can only enter the Promotion in their own name.
DRAW AND PRIZE INFORMATION
38.
A random electronic prize draw will be conducted at Prime Focus 104/55 Beach St Port Melbourne (Draw Location) by a representative of the Promoter at 12:00 PM AEDT on 6 October 2010 from all Eligible Entries received during the Promotion (Major Prize Draw).
MAJOR PRIZE
39.
The first Eligible Entrant with a valid Eligible Entry drawn in the Major Prize Draw will win a debit card valued at AU$5,000 (including GST) (Major Prize).INSTANT PRIZES
40. Each instant prize comprises of a AU$100 Debit Card (Instant Prize).
There are a total of fifty (50) AU$100 Debit Cards to be won instantly during the Promotion Period.
The Promoter will randomly determine a winning time (Winning Time) for each of the fifty Instant Prizes during the Promotion Period.
An Instant Prize will be awarded to the entrant who submits the first valid entry after each Winning Time.
41. Any ancillary costs associated with redeeming the Major or Instant Prize Debit Cards are not included. Any unused balance of the Debit Card will not be awarded as cash.
Redemption of the Debit Card is subject to any terms and conditions of the issuer including those specified on the Debit Card. Debit Card conditions and exclusions apply.
Full terms of use are available at www.cruiserblack.com or by calling 1800 818 957 begin_of_the_skype_highlighting 1800 818 957 end_of_the_skype_highlighting.
42. The total value of the prize pool available to be won in the Promotion is AU$10,000 (including GST).
NOTIFICATION OF WINNERS
43. All provisional instant winners will be notified by return SMS for entries submitted via SMS or an on-screen message upon submitting their entry via the internet. Provisional winners will be subsequently notified by telephone and mail. Each provisional winner must provide the Promoter with a photocopy of their purchase receipt and unique codes for each entry submitted and appropriate photo identification.
43. The Major Prize Draw winner will be:
(a) notified by mail; and
(b) notified by telephone; and
(c) published in The Australian on 3 November 2010UNCLAIMED PRIZE DRAW
44. If a Prize is won by:
(a) an Eligible Entrant who is not a resident of Western Australia and they do not claim their Prize by 29 December 2010 a random electronic re-draw will be conducted on that date at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion, subject to any directions from State and Territory Gaming Departments; or
(b) an Eligible Entrant who is a resident of Western Australia and their Prize remains unclaimed, the Promoter will retain their until 6 October 2011, before seeking directions from the Department of Gaming, Racing and Liquor, Western Australia (Re-Draw).
NOTIFICATIONS OF RE-DRAW WINNERS
45. The Re-Draw winners, if any, will be:
(a) notified by mail; and
(b) notified by telephone; and if a Major Prize winner
(c) published in The Australian on 19 January 2011.
46. Prizes will be delivered to the residential address as advised by the respective winner.
47. Acceptance and use of the prizes is subject to terms and conditions imposed by those involved in providing goods and / or services as part of or in connection with the Prizes.
48. If more than one person attempts to claim a Prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant(s).
GENERAL
49. Each Qualifying Purchase counts towards one (1) entry only.
50. Multiple entries are permitted subject to a maximum of two (2) Eligible Entry on any given day throughout the Promotion Period :
(a) per mobile phone number in the case of SMS Entries ; or
(b) per household in the case of Web Entries; and
(c) Eligible Entrants who submit an Eligible Entry via Web will also be permitted one Bonus Entry per day provided the information entered is in accordance with paragraph 25.
51. Eligible Entrants who are not residents of South Australia may win a maximum of 1 Instant Prize in the Promotion only (Prize Limit).
52. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied.
53. The Promoter shall not be liable for the prizes being lost, stolen, damaged or tampered with in any way before they reach the winners or after they have been released to the winners.
54. The Promoter accepts no responsibility for any variation in the value of the prizes from the time of printing Promotion materials.
55. If the Promoter is unable to provide a winner(s) with a nominated prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated prize, subject to any directions given by State and / or Territory Gaming Departments.
56. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available, or the Participating Outlets will be open, at all times during the Promotion Period.
57. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to States and Territories regulations, including cancelling, terminating, modifying or suspending the Promotion.
58. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Prize Draw in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
59. Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.
60. The:
(a) Promoter, the Promoter's related entities, the Participating Outlets and all agencies associated with the Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in paragraph (a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prizes, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
61. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a prize.
62. Prize winners must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to the winning of a prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.
63. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion 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.
PERSONAL INFORMATION
64. All entries become the sole property of the Promoter.
65. All information Entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion and may be entered into a database and the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them.
66. The Promoter may disclose Entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.
67. Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address above. Should an Entrant's contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter.
68. The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at
http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf Entry and continued participation in this promotion is subject to each Outlet’s liquor serving policy.
69. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.
Authorised under Permit Numbers – NSW LTPS/10/05429, VIC 10/1943, SA T10/1331 & ACT TP 10/02497.1
Australian Competitions Club
