“SOUTHERN COMFORT RESERVE BARTENDER” PROMOTION
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 and over who are employed (either on a full time, part time or on a casual basis) as bartenders, as at the date of their entry into this promotion. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
3. 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
4. Incomplete or indecipherable entries will be deemed invalid. Only (1) one entry permitted per eligible person.
5. Promotion commences on the 7th of September 2009. Entries close at 11:59pm AEDST on the 31st October 2009. Winners will be notified by phone and email no later than on the 20th of November 2009. This is a game of skill and chance plays no part in the determination of finalists or the winner. Each entry will be individually judged according to the specified criteria.
6. To enter, entrants must visit www.theshout.com.au, follow the prompts to the promotion entry page, input all the requested details including a response to each of the questions, and an original recipe for a drink containing Southern Comfort Reserve, including the name, ingredients, method of making, and glassware required. Drinks should not be flaming drinks.
7. The original drink recipe: (a) must contain a minimum of 30ml of Southern Comfort Reserve; and (b) specify the style and size of glass to be used.
8. The entries will be judged based on the number of points scored. The higher the score the higher the entrant will be placed. The Promoter will award one (1) point for each question correctly answered and five (5) points for each of the following categories in connection with the recipe submitted: (a) creativity; (b) originality; (c) commercial viability; (d) alcohol responsibility (i.e. should not have excessive alcohol content); and (e) name (“the Selection Criteria”). If there is a tie for any prize, then the judges will determine the winner in their sole discretion.
9. The best valid entry, as selected by the judges in their sole discretion, according to the Selection Criteria, will win the major prize of: (a) receive the opportunity to appear in a bartender feature in Bars and Clubs magazine; and (b) to the value of and no less than $500 of the Promoter’s product (valuation of products will be based on the Promoter’s recommended retail price).
10. The major prize winner will be contacted by the journalist from Bars and Clubs magazine to arrange a time for the interview at their bar. The major prize winner is responsible for obtaining approval from their employer to conduct the interview at their bar. The Bars and Clubs magazine will publish the interview in an issue of Bars Clubs magazine, which will be determined by Bars and Clubs magazine in its absolute discretion. The Bars and Clubs magazine may require that the major prize winner sign a release prior to undertaking the interview. The major prize winner will not receive the Bars and Clubs magazine feature, or cash in lieu of this component of the prize, if the major prize winner does not agree to the above conditions.
11. The next two best entries, as determined by the judges in their sole discretion, according to the Selection Criteria, will win the prize which is to the value of and no less than $250 of the Promoter’s product (valuation of products will be based on the Promoter’s recommended retail price).
12. The content of the alcohol prizes will be determined by the Promoter in consultation with the winners. If a decision cannot be reached as to the content of the alcohol prizes, the Promoter will have the final decision. If, due to the laws in a particular jurisdiction, alcohol cannot be awarded as a prize to the winner, the Promoter will award a voucher to the equivalent value, as determined by the Promoter in its absolute discretion.
13. If for any reason the major prize winner does not take attend or participate in the Bars and Clubs magazine interview, for any reason whatsoever, at the time arranged, then they will forfeit the opportunity and it will not be redeemable for cash.
14. Prizes, including any unused portion, are not transferable or exchangeable and cannot be taken as cash. The Promoter’s decision in respect of all aspects of the promotion is final and no correspondence will be entered into.
15. 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 to (a) disqualify any entrant; and/or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
16. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
17. 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18. When you submit any materials via the promotion including comments, recipes and images (“Content”), you, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees an 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 or use it for its own commercial purposes, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
You agree that you are fully responsible for the Content you submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content which it may display without notice for any reason whatsoever. You warrant and agree that: (a) you will not submit any Content that is unlawful or fraudulent, or in breach of any intellectual property, privacy, publicity or other rights, or that is 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) you will obtain prior consent from any person or property that appears in your Content; (c) you 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 (despite the foregoing recipes must be original); (d) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you 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.
Without limiting any other terms herein, you indemnify the Promoter for any breach of the above terms.
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) if the Bars and Clubs magazine interview or feature is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) the prize.
20. The Promoter collects personal information in order to conduct the competition and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, the Promoter may also use the information for promotional, marketing and publicity 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.
21. The Promoter is Brown-Forman Australia Pty Ltd of Level 3, Quad 2, 8 Parkview Drive, Sydney Olympic Park, NSW 2127. ABN 87 000 064 086.