 |
No purchase necessary to enter or win. Offer void where prohibited by law.
The Think B4U Drink games (the "Promotion") are offered and open only to
legal residents of Australia and its territories under seventeen (17) years old
at the time of entry. Immediate family or members of the households of family members
of employees and directors of the Diageo Foundation (the "Promoter"), Synthesis
Interactive and Life Education Australia and their parent, affiliated and subsidiary
companies, advertising and promotion agencies, judges and legal advisors are not
eligible to win a prize. By playing and posting a score to the scoreboard, you (and
your parents and legal guardians if you are a minor) agree to these Official Rules
and the decisions of the Promoter and the competition judging organisation, which
are final and binding in all respects.
(EST) or Eastern Standard Summer Time when daylight saving is in effect (ESST),
and ends on December 31st, 2008 at 5.00 p.m. EST or ESST ("Promotional Period").
The Promotional Period shall consist of consecutive 24-hour periods (each a "Day")
commencing as of 5.01 p.m. EST or ESST each day and ending on the following day
at 4.59 p.m EST (or ESST). Promoter reserves the right to terminate the promotion
by giving notice during any calendar month, deemed appropriate by Promoter, in which
case the Promotion will terminate on the last day of that calendar month. The Prize
for that month will nevertheless be awarded as stated below in the event of any
early termination based upon all entries received prior to the moment of termination.
Before you play the game register your player details. You will be asked
for your name, address, email address and telephone number. This information will
be used to contact you if you win a prize or to inform you if you have been beaten
in a challenge you make to a friend or if you lose your position on the Top 10 Leader
board. You may also be contacted by email or SMS when a new game is available. You
can opt out of receiving any communication by following the directions you receive
in the email or on the game website. You must be online and have "signed in" in
order to post a score to the scoreboard for a chance to win a prize. Follow the
instructions on the screen in order to do so.
You can play and post scores to the scoreboard as many times as you wish, and can
choose to accumulate your score by playing multiple, successive games. However each
time you 'roll over' your score and play another game or post a score to the scoreboard
you must answer a question regarding the responsible use of alcohol. You will lose
your score (including a total accumulated score) with an incorrect answer to the
question.
IMPORTANT NOTICE: THE PROMOTER & SYNTHESIS INTERACTIVE HAVE NO LIABILITY SHOULD
YOU PLAY THE GAME, ATTEMPT TO POST A SCORE AND THE SCORE IS NOT RECORDED ON THE
SCORE BOARD. YOU ARE ADVISED THAT ON OCCASION ATTEMPTS TO SEND DATA (SUCH AS A SCORE)
FROM YOUR PERSONAL COMPUTER TO ANOTHER SERVER VIA THE INTERNET WILL FAIL AND IN
SUCH CASE THE SCORE WILL NOT BE RECORDED. THERE ARE MANY REASONS THIS CAN OCCUR
WHICH ARE OUTSIDE OF THE CONTROL OF THE PROMOTER AND SYNTHESIS INTERACTIVE.
A major prize consisting of an Apple iPod nano (recommended retail price
$249), or similar will be awarded for each month of the Promotional Period. There
will be 12 monthly prize draws. The winner will be the person with the highest score
posted over the Promotional Period. If there are two identical high scores, the
person who posted the identical score on the earliest occasion shall be judged the
winner. Only one monthly prize can be won be any one person during the Promotional
Period. If the person with the highest score has previously won a monthly prize,
the person with the next highest score will be judged the winner on each successive
occasion that occurs during the Promotion Period. If the users with the top five
scores are ineligible for the prize the Promoter may elect not to award a major
prize for that month.
15 prizes consisting of a $20 iTunes Music Card (recommended retail price
$20) will be awarded for each month of the Promotional Period. Five prizes will
be awarded to the players who obtain scores 1 through 5 inclusive on the scoreboard
each month. 10 prizes will be awarded at random, players with a score of 500 points
or more eligible for the random draw. Players can win a maximum of two prizes per
month for this category of prize. Where a player accrues more than two prizes per
month, the additional prizes will be returned to the prize pool for random awards
for that month.
Total prize value is $6,588.00 (12 x Apple iPod nano MP3 players @ $249 valued
at $3,588.00 and 180 x $20 iTunes Music Cards valued at 3,600.00). The promoter
accepts no responsibility for any variation in the prize value. Prizes, including
any unused portion, are not transferable or exchangeable and cannot be taken as
cash, unless otherwise stated.
|
|
|
Promoter reserves the right to require verification of age for the winner
of any prize awarded as a result of the Promotion in such form and returnable in
such manner at Promoter's sole discretion.
If prize notification or prize is returned as non-deliverable, or if winner is found
not to be in compliance with these Official Rules or otherwise ineligible, may result
in disqualification.
Participants, participants' parents and/or legal guardians -if participant is a
minor (both on behalf of themselves and winner) release and agree to hold harmless
Promoter, Synthesis Interactive, Life Education Australia and their parent, affiliates,
subsidiaries, advertising and promotion agencies and their respective directors,
officers, employees, representatives and agents from any and all liability for any
injuries, loss or damage of any kind to person, including death, and property, arising
in whole or in part, directly or indirectly, from acceptance, possession, use or
misuse of the prizes, participation in this competition, or participation in any
related activity.
The Promoter shall not be liable for any loss or damage whatsoever which is suffered
(including but not limited to indirect or consequential loss) or personal injury
which is suffered or sustained, as a result of taking any of the prizes, except
for any liability which cannot be excluded by law.
The Promoter collects entrants' personal information in order to conduct the promotion.
If the information requested is not provided, the entrant may not participate in
the promotion. By entering the promotion, unless otherwise advised, each entrant
also agrees that the Promoter may use this information, or disclose it to other
organisations that may use it, in any media for future promotional, marketing and
publicity purposes without any further reference, payment or other compensation
to the entrant. A request to access, update or correct any information should be
directed to the Promoter at their address set out below.
Promoter reserves the right, at its sole discretion, to disqualify any individual
it finds, in its sole discretion, to be tampering with the entry process or the
operation of the competition or web site; to be in violation of the Legal or Privacy
policies of the web site; to be acting in violation of the Official Rules; to be
acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse,
threaten or harass any other person.
Any use of robotic, automatic, macro, programmed or like entry methods will void
all such entries by such methods and persons using any such methods will be disqualified.
If for any reason this competition is not capable of running as planned due to infection
by computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes which, in the sole opinion of Promoter, corrupt or
affect the administration, security, fairness, integrity, or proper conduct of this
competition, Promoter reserves the right to cancel, terminate, modify or suspend
the competition and conduct a random drawing to award the Grand Prize using all
eligible non-suspect entries received as of the termination date. If the competition
is terminated due to tampering or technical difficulties prior to its expiration
date, notice will be posted at http://www.thinkbeforeyoudrink.com.au
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION
OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN
ATTEMPT BE MADE, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES
FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED
BY LAW.
Promoter, Synthesis Interactive and Life Education Australia assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to its
web sites. Promoter, Synthesis Interactive and Life Education Australia are not
responsible for any problems or technical malfunction of any telephone network or
telephone lines, computer on-line systems, servers, computer equipment, software,
failure of any e-mail or entry to be received by Promoter on account of technical
problems, human error or traffic congestion on the Internet or at any web site,
or any combination thereof. Promoter, Synthesis Interactive and Life Education Australia
are not responsible for any incorrect or inaccurate capture of information or the
failure to capture such information, whether caused by web site users, tampering
or hacking, or by any of the equipment or programming associated with or utilized
in the competition. Promoter, Synthesis Interactive and Life Education Australia
are not responsible for injury or damage to participants' or to any other person's
computer related to or resulting from participating in this competition or downloading
materials from or use of the web site.
IN NO EVENT WILL PROMOTER, SYNTHESIS INTERACTIVE, LIFE EDUCATION AUSTRALIA OR THEIR
PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION
AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND
AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO AND USE OF INTERNET SITE WWW.THINK-B4U-DRINK.COM OR THE DOWNLOADING FROM
AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THIS SITE AND IN THIS PROMOTION IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS
OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS
As a condition of participating in this Promotion, participant (and their
parents/legal guardians if participants are minors) agrees that any and all disputes
which cannot be resolved between the parties, claims and causes of action arising
out of or connected with this Promotion, or any prizes awarded, or the determination
of winners shall be resolved individually, without resort to any form of class action
exclusively by arbitration pursuant to the commercial arbitration rules of the Australian
Arbitration Association, then effective. Further, in any such dispute, under no
circumstances will participant be permitted to obtain awards for, and hereby waives
all rights to claim punitive, incidental or consequential damages, or any other
damages, including solicitors' fees, other than participant's actual out-of-pocket
expenses (i.e., costs associated with entering this Promotion), and participant
further waives all rights to have damages multiplied or increased.
All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of participant
and Promoter, Synthesis Interactive and Life Education Australia in connection with
this Promotion, shall be governed by, and construed in accordance with, the laws
of the State of New South Wales, Australia without giving effect to the conflict
of laws rules thereof, and all proceedings shall take place in that State in the
City of Sydney, New South Wales.
In the event of a dispute as to the identity of a winner based on an e-mail address,
the winning entry will be declared made by the authorised account holder of the
e-mail address submitted at time of entry. "Authorised account holder" is defined
as the natural person who is assigned to an e-mail address by an Internet access
provider, on-line service provider or other organization (e.g., business, educational,
institution, etc.) that is responsible for assigning e-mail addresses for the domain
associated with the submitted e-mail address.
The Promoter is the Diageo Foundation care of Diageo Australia Limited of
Level 8, 55 Grafton Street, Bondi Junction NSW 2022. A.B.N 33004 167 720.
Prizes will be posted out to all winners within 60 days of the end of each
month. The Promoter may require prize winners to complete a prize claim form for
major prizes and return with proof of age. Please do not email us regarding this
process unless you have not received your prize claim form or prize within the time
frame detailed above.
|
|