Cruiser

"VODKA CRUISER'S PICK YOUR PARTY, MAKE YOUR MIX" PROMOTION

TERMS AND CONDITIONS

1. THE SEARCH FOR A NEW VODKA CRUISER FLAVOUR

1.1. To enter, individuals must visit www.cruiserrange.com.au/makeyourmix, follow the prompts to the promotional entry page, fully complete and submit the online entry form by:
(a) selecting their choice of party theme from the options provided;
(b) creating their original Vodka Cruiser Mix flavour suggestion which includes vodka as the main alcoholic ingredient, specifying the flavour, colour, name and describing their original Vodka Cruiser Mix flavour suggestion in 25 words or less;
(c) imputing their requested details including their full name, date of birth, state, postcode, valid email address, mobile telephone number and gender; and
(d) tick the box to agree to these Terms and Conditions.
between 16/8/10 and 11:59pm AEST on 12/9/10.
1.2. Each entry must comply with the following:
(a) The name and flavour suggestion of the Vodka Cruiser Mix must be original and must not be an existing name or flavour within the Vodka Cruiser Mix portfolio or any third party's name or flavour of beverage. For a full existing Vodka Cruiser portfolio, visit www.cruiserrange.com.au;
(b) Each entry must be in English; and
(c) Each entry must not contain or refer to any third party branded products or contain any reference to any third party names, logos and/or trademarks.
1.3. Entrants will also have the option to invite a friend/family member to enter this promotion on the online entry form. Entrants should only nominate friends and family with whom they have a direct relationship, and who consent to receiving information about these types of promotions.

2. JUDGING OF ENTRIES

2.1. Entries will be reviewed for content before the final five (5) entries are displayed for public viewing; however, such review does not relieve the entrant from responsibility and compliance with these Terms and Conditions. Entries that do not comply with these Terms and Conditions or that otherwise contain prohibited, or inappropriate content as determined by the Promoter, in its sole discretion, will be disqualified and will not be considered eligible. The Promoter makes the final determination as to which entries are eligible to take part in this promotion and no correspondence will be entered into. The Promoter has the right to automatically exclude entries that contain questionable content related to offensive language and/or third party products or any otherwise objectionable material without further consideration and at its sole discretion.
2.2. In addition, the Promoter reserves the right to disqualify any entry which describes a Vodka Cruiser Mix flavour which it determines, in its absolute discretion, is dangerous or otherwise inconsistent with the Promoter's quality assurance procedures or any applicable health and safety laws and requirements.
2.3. Every entry received will be individually judged based on the originality and creative merit of the original Vodka Cruiser Mix flavour suggestion submitted and its potential viability in the market.
2.4. The judging will take place in Melbourne on 17/9/10. The judges reserve the right to select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
2.5. All winners (including Finalists, as defined in clause 3.1 below) will be notified by telephone. The names of the Finalists will also be announced on the promotional website on 20/9/10.

3. FINALISTS SELECTION

3.1. The best five (5) valid entries ("Finalists"), as determined by the judges, will each have their entry displayed on the promotional website for public voting, in order to find the Ultimate Winner (as defined in clause 6.1 below).
3.2. Each Finalist will also be required to attend the Vodka Cruiser reveal party taking place in Sydney on 18/11/10 ("Event"). In order to attend the Event, each Finalist will receive ten (10) tickets to the Event, one night's accommodation at a three (3) star rating accommodation and return taxi transfers from the place of accommodation to the Event. Each Finalist can take nine (9) other friends/family members ("Guests") who are also Australian residents aged 18 year or over to the Event.
3.3. In the event a Finalist cannot attend the Event, they will still be eligible to become the Ultimate Winner, however, the Finalist will not receive any airfares (if applicable), accommodation, transfers and tickets to the Event and the airfare/accommodation/transfer/ticket components of the prize is not redeemable for cash.
3.4. If a Finalist is not from Sydney, the prize also includes return economy airfares for the Finalist and his/her Guests from the winner's nearest capital city, return taxi transfers from Sydney airport to the place of accommodation and return taxi transfers from the place of accommodation to the Event.
3.5. If a Finalist is from Sydney, then the winner (and his/her Guests) will be responsible for making their own way to and from the place of accommodation.
3.6. Spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the Event taking place on 18/11/10 and is subject to booking and flight availability.
3.7. The prize for each Finalist is valued at up to $5,500, depending on point of departure.
3.8. Guests must be invited by a Finalist and registered on a guest list (which will be formulated by each Finalist in consultation with the Promoter, once selected) in order to attend the Event and are not permitted to bring their own alcohol to the Event or any additional guests (unless approved by the Promoter in its absolute discretion). The Promoter (or any representative of the Promoter) reserves the right to eject a Finalist (and/or any Guests) for any inappropriate behaviour, including but not limited to intoxication or use of illegal substances whilst attending the Event.

4. CONSOLATION PRIZES

4.1. Forty-five (45) creative entries and promotional participants who engage in Vodka Cruiser's 'Pick Your Party, Make Your Mix' on-line and social media forums, as determined by the judges, will each win a $100 shopping voucher from a choice of retail brands, as supplied by the Promoter at time of winner notification, subject to availability.
4.2. Any ancillary costs associated with redeeming the shopping vouchers are not included. Any unused balance of the shopping vouchers will not be awarded as cash. Redemption of the shopping vouchers is subject to any terms and conditions of the issuer including those specified on the shopping vouchers.

5. PUBLIC VOTING FOR THE ULTIMATE WINNER

5.1. Members of the public will be permitted to vote for their favourite entry from the five (5) Finalists by visiting www.cruiserrange.com.au/makeyourmix and following the prompts on the promotional website to vote for their favourite entry from 20/9/10 until 11:59pm AEDST on 3/10/10.
5.2. Limit of one (1) vote per IP address, per day.

6. THE ULTIMATE WINNER

6.1. The Finalist with the highest number of votes received during the voting period (the "Ultimate Winner") will win $5,000 cash.
6.2. In the unlikely event of a tie between entries with the highest number of votes, the tied Finalists will be re-judged by the judges based on the originality and creative merit of the original Vodka Cruiser Mix flavour suggestion submitted and its potential viability in the market.
6.3. The Ultimate Winner will be announced on the night of the Event which will be themed in the manner they have nominated at the time of entry.
6.4. The Vodka Cruiser Mix flavour suggested by the Ultimate Winner will also be produced by the Promoter and made available for sale in selected markets globally as determined by the Promoter in its absolute discretion without any such further payment or acknowledgement to the Ultimate Winner. The Promoter will develop a Vodka Cruiser Mix with the nominated flavour(s) described by the Ultimate Winner. The exact ingredients, recipe and specifications of the Vodka Cruiser Mix will be determined by the Promoter in its absolute discretion.

7. GENERAL

7.1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
7.2. Entry is only open to Australian residents aged 18 years or over.
7.3. Employees (and their immediate families) of the Promoter, and agencies associated with this promotion are ineligible 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.
7.4. The Promoter reserves the right, at any time, to verify the validity of entries/ votes and entrants/voters such as an entrant's/voter's identity, age, place of residence and proof of residency and to disqualify any entrant/voter who submits an entry/vote that is not in accordance with these Terms and Conditions or who tampers with the entry/voting process. Errors and omissions will 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.
7.5. Incomplete or indecipherable entries will be deemed invalid.
7.6. Only one (1) entry permitted per person per day.
7.7. If there is a dispute as to the identity of an entrant or the creator of the Vodka Cruiser Mix flavour, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
7.8. The Promoter's decision is final and no correspondence will be entered into.
7.9. If for any reason a winner does not accept a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
7.10. If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of a prize) with a prize to the equal value and/or specification.
7.11. Prizes, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
7.12. All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each entry submitted is an original work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
7.13. In addition, the Promoter reserves the right to develop and produce any Vodka Cruiser Mix flavour from the descriptions submitted with any entry (including non-winning entries), including any modifications as the Promoter sees fit, and to sell any product in any market containing that flavour for an unlimited period of time without any further reference, remuneration, payment or other compensation to the entrant. It is at the Promoter's sole discretion how long the a new flavour of Vodka Cruiser Mix will stay in production and the Promoter has the right, in its sole discretion, to withdraw the flavour from production at any time or not produce the flavour at all.
7.14. The sale of the Ultimate Winner's flavour of Vodka Cruiser Mix will be at the Promoter's absolute discretion and will be subject to the Promoter's testing and quality assurance procedures, any applicable health and safety laws and requirements, and any other production requirements which may delay, alter or prevent the production and sale of the final product.
7.15. Entrants consent to the Promoter and its corporate partners use of the entrant's name, likeness, image and/or voice regardless of whether 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 its corporate partners.
7.16. Finalists must, at the Promoter's reasonable request, participate in all promotional activity (such as publicity events and/or other photo shoots) surrounding the winning of their prize, without remuneration.
7.17. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
7.18. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used. The use of any automated entry or voting software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries or votes submitted by that entrant invalid.
7.19. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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, taking of a prize or attendance at the Event.
7.20. As a condition of accepting a prize, a winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
7.21. It is also a condition of accepting a prize that a Finalist must, upon the reasonable request of the Promoter, wear Vodka Cruiser branded material (including, but not limited to, clothing and accessories) during the Event and that any other clothing branding or logos must be approved by the Promoter prior to them taking part in the Event.
7.22. 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, and prize suppliers. 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 access, update or correct information to the Promoter. All entries become the property of the Promoter.
7.23. The Promoter is Independent Distillers (Aust) Pty Ltd (ABN 49 077 568 480) of 50 Swann Drive, Laverton VIC 3028, telephone (03) 8369 0300.

"VODKA CRUISER'S PICK YOUR PARTY, MAKE YOUR MIX CASH PRIZE" PROMOTION

HOW TO ENTER

1. To be eligible to enter, individuals must purchase any specially marked four (4) pack of Vodka Cruisers from a participating store nationally between 16/08/10 and close of business on 10/11/10.

2. To enter, individuals must then visit www.cruiserrange.com.au/makeyourmix, follow the prompts to the promotional entry page, input the requested details including the their full name, date of birth, state, postcode, valid email address, mobile telephone number, gender, the unique code found inside the sleeve of the specially marked four (4) pack of Vodka Cruisers, opt in to receive future updates on Vodka Cruiser products and promotions, tick the box that they have read and agreed to the Terms and Conditions of this promotion and submit the fully completed online entry form so that it is received by 11:59pm AEDST on 10/11/10.

Individuals will also be provided with prompts on the online entry form to refer friends/family members to enter this promotion.

Individuals should only nominate friends and family members with whom they have a direct relationship and who consent to receiving information about these types of promotions.

TERMS AND CONDITIONS

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian residents aged 18 years or over who can take the prize on 18/11/10.

3. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible 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.

4. 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.

5. Incomplete, indecipherable or illegible entries will be deemed invalid.

6. Multiple entries permitted, subject to the following: (a) only one entry permitted per specified purchase requirement; (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one unique code per entry is permitted; (d) the same unique code cannot be used more than once; and (e) unrecognised unique codes will be deemed invalid.

7. Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant's entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the promotional period but prior to entry.

8. 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.

9. Promotion commences on 16/08/10 and ends for purchases at close of business on 10/11/10. Entries close 11:59pm AEDST on 10/11/10. The draw will take place at Anisimoff Legal, Level 4, 448 St Kilda Road, Melbourne VIC 3004 on 11/11/10 at 2pm. The Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

10. The winner will be notified by telephone and email and their name will be published in The Australian on 13/11/10.

11. The Promoter's decision is final and no correspondence will be entered into.

12. The first valid entry drawn will win a trip for four (4) adults to Sydney, New South Wales. The prize includes one nights twin share accommodation at a three (3) star rated accommodation, four (4) tickets to the Vodka Cruiser reveal party taking place in Sydney on 18/11/10 and $10,000 cash, awarded in the form of a cheque. The prize is valued at up to $12,500 depending on the winner's point of departure.

If the winner is from Sydney, the prize also includes return taxi transfers from the place of accommodation to the Vodka Cruiser reveal party. The winner (and his/her companions) will be responsible for making their own way to and from the place of accommodation.

If the winner is not from Sydney, the prize also includes return economy airfares from the winner's nearest capital city, return taxi transfers from Sydney Airport to the place of accommodation and return taxi transfers from the place of accommodation to the Vodka Cruiser reveal party. The prize does not include transport to and from departure point and this component of the prize is not redeemable for cash. The winner (and his/her companions) will be responsible for making their own way to and from the airport of the winner's nearest capital city.

Additional spending money, meals, insurance, additional transfers (if necessary), items of a personal nature, in-room charges and all other ancillary costs are not included.

13. Prize must be taken to coincide with the Vodka Cruiser reveal party event with flights departing on 18/11/10 and is subject to booking and flight availability.

14. The winner (and his/her companions) is responsible for ensuring that they have valid travel documentation. The winner (and his/her companions) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Winner may be required to present credit card at time of accommodation check in.

15. Subject to the unclaimed prize draw clause, if for any reason a 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.

16. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

17. The Vodka Cruiser reveal party tickets awarded as part of the prize are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organizers hereby expressly reserve the right to eject any winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

18. Total prize pool value is up to $12,500.

19. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

20. If the prize remains unclaimed by 2pm AEDST on 15/11/10 an unclaimed prize draw will take place at the same place and time as the original draw on 16/11/10. The Promoter may draw additional reserve entries and record them in order. The first valid entry drawn and successfully contacted by phone and email will win the prize. If the unclaimed prize draw winner cannot be contacted within 24 hours, the Promoter will contact the next valid reserve entry until a prize winner is determined. Results will be published in The Australian on 17/11/10.

21. The Promoter encourages consumers to enjoy responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at www.nhmrc.gov.au/publications/synopses/ds10syn.htm. Entry and continued participation in this promotion is subject to the licensee's liquor serving policy.

22. Entrants consent to the Promoter using the entrant's 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.

23. 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, 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.

24. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used. 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.

25. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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) if the Vodka Cruiser reveal party event is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of the prize and/or attendance at the Vodka Cruiser reveal party event.

26. As a condition of accepting the prize, the winner (and his/her companions) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

27. 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 access, update or correct information to the Promoter. All entries become the property of the Promoter.

28. The Promoter is Independent Distillers (Aust) Pty Ltd (ABN 49 077 568 480) of 50 Swann Drive, Laverton VIC 3028, telephone (03) 8369 0300.

NSW Permit No. LTPS/10/6690, VIC Permit No. 10/2392 ACT Permit No. TP10/3050, SA Permit No. T10/1669