BULLA DAIRY FOODS “THICK & FRUITY” PROMOTION
TERMS AND CONDITIONS
1. Information on ‘how to enter’ and prize details form part of these Terms and Conditions. Entries not completed in accordance with these Terms and Conditions or received after the closing date will not be considered. Participation in this promotion is also subject to the Terms and Conditions of Vibe Village, available from www.vibevillage.com.au (“Vibe Village Website”). Participation in this promotion is deemed acceptance of these Terms and Conditions and the Vibe Village Terms and Conditions. Where there is any inconsistency between these Terms and Conditions and the Vibe Village Terms and Conditions, these Terms and Conditions will prevail to the extent of the inconsistency.
2. The Promoter is Bulla Dairy Foods (ABN 11 845 336 184) of 15 Swann Drive, Derrimut, Victoria 3050. The Promotion is co-ordinated by T garage Pty Ltd (ABN 99 118 105 025), 214 Mair Street Ballarat, VIC, 3350 (“Vibe Village”).
Promotion Part One – Agents
3. The first part of this promotion (“Promotion Part One”) commences at 00.01am on 26/07/2010 and final entries close at 11.59pm on 05/09/2010 (“Promotion Period Part One”). No responsibility is accepted for lost, late or misdirected entries.
Entry
4. Participation in this Promotion Part One is only open to persons who:
a. are Australian residents;
b. are aged 18 years of age or over;
c. in relation to membership either:
(i) are existing registered members of the Vibe Village Website; or
(ii) register to be new members at the Vibe Village Website; and
d. otherwise fulfil the entry requirements set out in these Terms and Conditions
(“Eligible Entrants”).
Game of Skill
5. This Promotion Part One is a game of skill with Eligible Entrants required to:
a. follow the prompts on the Vibe Village Website to fully complete the promotional Bulla Thick & Fruity survey questions; and
b. submit the fully completed survey during the Promotion Period One (please note there is a limit of one(1) promotional survey that may be completed per each Eligible Entrant).
Prize winners
6. Vibe Village will judge all entries taking into account the:
a. creativity;
b. originality;
c. accuracy; and
d. completeness
of the survey responses and will at its absolute discretion select 3000 entrants to be deemed winners and become an Agent (“Agent”).
7. Each Agent will receive one (1) party pack (which may be delivered in two parts) which party pack will include:
a. eight (8) Bulla Thick & Fruity Berry Bliss
b. eight (8) Bulla Thick & Fruity Mango Magic or Bulla Thick & Fruity Passionfruit Rush
c. one (1) Australia Goes Fruity Poster
d. sixteen (16) Australia Goes Fruity pass on cards
e. nine (9) Australia Goes Fruity Balloons
f. twenty Five (25) spoons
(“the Products”)
g. a Bulla ‘Australia Goes Fruity” game;
h. two (2) soft eskies; and
i. an Agent instruction letter from Vibe Village
(“the Party Pack”) each valued at $50.00 AUD.
8. Agents are encouraged to:
a. follow the instruction letter provided; and
b. use the Products
participate and enter Promotion Part Two.
9. The total prize pool value for this Promotion Part One is $150,000.00AUD.
Promotion Part Two – Hosting a Party
10. The second part of this promotion (“Promotion Part Two”) commences at 00.01am on 04/10/2010 and final entries close at 11.59pm on 14/11/2010 (“Promotion Period Part Two”). No responsibility is accepted for lost, late or misdirected entries.
Entry
11. Participation in this Promotion Part Two is only open to persons who were deemed to be an Agent under Promotion Part One (“Agent”).
Game of Skill
12. This Promotion Part Two is a game of skill with Agents required to:
a. host an ‘Australia Goes Fruity’ event, gathering or party using the Party Pack and Products received under Promotion Part One during the Promotion Period Part Two (“the Party”);
b. access and visit the website: www.bullagoesfruity.com.au (“Promotional Website”);
c. post one (1) or more review which may include a photo, testimonial, comment or conversation report relating to their experience with the Party or use of the Products (“Review”); and
d. share the information in relation to this Promotion, the Products and the Promotional Website by using the sharing functions available on the Dashboard and the Promotional Website (which will be available on or from the Vibe Village Website) such as sending emails and creating social network links.
13. Multiple Reviews are permitted per person, subject to the following conditions:
a. each Review must be substantially unique; and
b. each Review must be submitted separately and in accordance with the entry requirements of this Promotion Part Two.
14. The Promoter and/or Vibe Village reserve the right to review uploaded Reviews and remove any Reviews that are not relevant to this Promotion or are otherwise in breach of these Terms and Conditions or the Vibe Village Terms and Conditions.
Prize Winners
15. The Promoter and Vibe Village will judge all entries into this Promotion Part Two and will make a determination (using its absolute discretion) as to the prize winner taking into account the following:
a. the quality of the Review;
b. the originality and creativity of the Review and shared information;
c. the quantity of the Reviews submitted and information shared;
d. the relevance of the Review and sharing of information to the Products, the Party Pack, the Party, this Promotion and the Bulla brand; and
e. any other factors that the Promoter or Vibe Village may consider relevant in determining the prize winners of this Promotion Part Two.
16. Five (5) prize winners will be selected from all valid entries and the winners will be notified by email within 14 days of Promotion Period Part Two ending.
17. Each prize winner will receive:
a. one (1) Wii and one (1) Wii Fit (valued at $427.00 AUD RRP each); and
b. one (1) month’s supply of Bulla Thick & Fruity yogurt (which amounts to 32 x Bulla Thick & Fruity yogurts 170g) to share with their colleagues, friends, team mates or family that assisted with or attended the Party (valued at $62.40 AUD),
(“the Prize”).
18. The total prize pool value for this Promotion Part Two is $2,447.40 AUD.
Donations to the McGrath Foundation
19. Any Agent that submits or uploads a photo in accordance with clause 12c.
20. For every valid and unique photo that is uploaded by an Agent in accordance with clause 12 c during the Promotion Period Part Two, Vibe Village will donate $1.00 to the McGrath Foundation up to a maximum of $10,000.00 AUD.
21. In the event that a person logs onto the Promotional Website to upload a photo and the maximum donation amount of $10,000.00 has already been reached, the participant will still be able to upload the photo; however, no further donation will be made by Vibe Village or the Promoter.
22. Donations or contributions made by the Promoter or Vibe Village as part of this Promotion cannot be transferred or assigned to another person, organisation or cause and the Agent will not be entitled to any tax deduction.
Special Conditions for this Promotion
23. The Products, Party Pack or Prizes awarded as part of this Promotion must be:
a. stored;
b. transported;
c. used; and
d. consumed
only in accordance with the directions provided on any packaging which may include refrigeration or compliance with food health standards.
24. Clause 23 applies to any consumables, food, beverages, games or activities that may be received or actioned as a result of participation under this Promotion.
25. The entrants, participants, Agents and winners must not hold Vibe Village or the Promoter liable in any way if they or any of its associates or agents fail to comply with clause 23 above.
26. In addition, neither Vibe Village or the Promoter will be held liable for any:
a. illness caused by allergies or intolerances; or
b. injury or damage caused by the use of any Products, games or Prizes.
27. Any costs associated with organising or hosting a Party will be the sole responsibility of the Agent and neither Vibe Village or the Promoter will contribute, reimburse or compensate the Agent for those costs.
28. When Agents are sharing information pursuant to clause 12d the Agent agrees and acknowledges that:
a. information must only be forwarded to unique email addresses or phone numbers which are owned by real human persons and that are not owned by the entrant or Agent; and
b. information that is forwarded repeatedly to the same person (being the person that owns or occupies the email addresses or phone numbers) will be disregarded for the purpose of this Promotion; and
c. information should not be forwarded to any person other than those with whom they have a direct relationship and who consent to receiving such information.
General Conditions for this Promotion
29. These General Conditions apply to this entire Promotion. Headings are for reference purposes only.
Entries and entrants
30. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, of Vibe Village or of the other agencies or companies associated with this Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child and sibling (whether natural or adopted by a parent), where or not they live in the same household as the director, manager, employee, officer or contractor.
31. The Promoter and Vibe Village reserve the right, at any time, to verify the validity of entries and the eligibility of all 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 conditions of entry or who tampers with the entry process. Errors and omissions may be accepted at the discretion of the Promoter or Vibe Village. Failure by the Promoter or Vibe Village to enforce any of their rights at any stage does not constitute a waiver of those rights.
32. Entries must be received by the Promoter or Vibe Village during the Promotion Period. The Promoter and Vibe Village accept no responsibility for any problems in submitting entries or any late, lost, incomplete, misdirected, incorrectly submitted, indecipherable, corrupted or illegible entries. The Promoter and Vibe Village are not liable for any costs incurred as a result of any such problems or any other consequence of user error.
33. Limits may apply to the number of entries permitted from each participant. Subsequent entries by the same entrant will be disqualified and removed prior to judging.
34. If there is a dispute as to the identity of an entrant, the Promoter and Vibe Village reserve the right, in their sole discretion, to determine the identity of the entrant.
35. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter or submit, produce or distribute materials repeatedly is prohibited and will render all entries for that entrant invalid.
Products and Prizes
36. The Promoter and Vibe Village’s decision in relation to any aspect of this Promotion and the criteria applied by the Promoter or Vibe Village in determining prize winners is final and binding on every person who enters or participates and no correspondence will be entered into.
37. The Products and Prizes are not transferable or exchangeable and cannot be taken as cash. The value of each Prize and of the Products is accurate as at the commencement of the Promotion. The Promoter and Vibe Village accept no responsibility for any variation in the value of the prize after that date.
38. If any Products or Prizes are unavailable, the Promoter or Vibe Village, in its absolute discretion, reserves the right to substitute the Product or Prize (or that part of the Product or Prize) with something to the equal or higher value.
39. The Promoter and Vibe Village accept no responsibility for loss or damage to the Products or Prizes in transit and it makes no representations or warranties as to the quality or suitability of any of the goods offered as part of the Products or Prizes.
40. As a condition of accepting any Prize or Product, a winner may be required to sign legal documentation as and in the form required by the Promoter, Vibe Village or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
41. If a winning entry is deemed not to comply fully with these conditions of entry, the entry may at the Promoter or Vibe Village’s sole discretion be discarded and a new winner will be determined in accordance with these conditions of entry.
42. Products and Prizes must be claimed within 60 days of winners receiving notification. In the event of the Products or a Prize not being accepted or claimed by this date, the winner’s entry will be declared invalid and the Promoter and Vibe Village reserve the right to award the prize to the next best entry.
Submission of Content or material
43. When any entrant submits, produces or distributes any material for this Promotion including (without limitation), Reviews, comments, testimonials, recordings, videos, images and/or survey responses (“Content”), the entrant, unless the Promoter or Vibe Village advises otherwise, licenses and grants the Promoter and Vibe Village, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
44. Entrants agree that they are fully responsible for the Content they submit, produce and/or distribute. The Promoter and Vibe Village shall not be liable in any way for such Content to the full extent permitted by law.
45. The Promoter or Vibe Village may refuse to accept or to publish and may remove, amend, modify and/or takedown any Content without notice for any reason whatsoever. Entrants warrant, acknowledge and agree that:
a. they will not submit, produce or distribute any Content that is unlawful or fraudulent, or that the Promoter or Vibe Village may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b. they will obtain prior consent from any person or property that appears in their Content;
c. they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
d. their Content shall not contain viruses or cause injury or harm to any person or entity;
e. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems; and
f. the Promoter and Vibe Village reserve the right to disqualify any entrant who submits or uploads any material that does not comply with these terms and conditions.
46. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and Vibe Village for any loss, damage, costs or expenses suffered by the Promoter or Vibe Village as a result of or as a consequence of a breach of the above terms.
Variations to the Promotion
47. The Promoter or Vibe Village may, in their absolute discretion, modify, suspend, cancel or recommence the Promotion or any part thereof, as appropriate, if:
a. for any reason, the Promotion (or part of) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter or Vibe Village which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion; or
b. the entry process, the determination of the Prize winners and/or the delivery of the Prizes or Products are prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.
Limitation of Liability
48. Any cost associated with accessing the Vibe Village Website or the Promotion Website for the purpose of entering or participating in this Promotion is the entrant’s responsibility and is dependent on the internet service provider used by each entrant.
49. Except for any liability that cannot be excluded by law, the Promoter and Vibe Village (including their officers, employees and agents) exclude 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, including, but not limited to, where arising out of the following:
a. any technical difficulties or equipment malfunction (whether or not under the Promoter or Vibe Village’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 or Vibe Village) due to any reason beyond the reasonable control of the Promoter or Vibe Village;
d. any variation in prize value to that stated in these conditions of entry;
e. any tax liability incurred by a winner, entrant or participant; or
f. participation in any event or activity and/or the use of the Prizes or Products.
This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws (as the context requires).
Use of personal information
50. Entrants and participants consent to the Promoter and Vibe Village 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or Vibe Village.
51. The Promoter and Vibe Village 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 the Promoter, agents, contractors, service providers and prize suppliers. Entry is conditional upon this information being provided.
General
52. If any term agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected.
53. These Terms and Conditions are to be interpreted in accordance with the Acts of the State of Victoria and all parties submit to the jurisdiction of the Courts of that State.