BULLA DAIRY FOODS "FRUIT'N YOGURT" PROMOTION

TERMS AND CONDITIONS

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 Professional, available from www.vibeprofessional.com.au ("Vibe Professional Website"). Participation in this promotion is deemed acceptance of these Terms and Conditions and the Vibe Professional Terms and Conditions. Where there is any inconsistency between these Terms and Conditions and the Vibe Professional Terms and Conditions, these Terms and Conditions will prevail to the extent of the inconsistency.
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 Professional").
This promotion ("Promotion") commences at 00.01am on 04/08/2010 and final entries close at 11.59pm on 21/11/2010 ("Promotion Period"). No responsibility is accepted for lost, late or misdirected entries. Event will be held between the 06/10/2010 - 29/10/2010.

Entry
Participation in this Promotion is only open to persons who:
1. are Australian residents;
2. are aged 18 years of age or over;
3. are a member, student, employee, owner or supporter of a recognised swim centre, club or school in the metropolitan area of either Melbourne, Sydney, Brisbane, Adelaide, Perth and Ballarat.
4. in relation to membership either:
  1. are existing registered members of; or
  2. register to be new members of either the Vibe Village Website or Vibe Professional (a membership database co-ordinated by Vibe Professional); and
5. otherwise fulfil the entry requirements set out in these Terms and Conditions ("Eligible Entrants").
Vibe Professional and the Promoter will invite Eligible Entrants to:
1. participate in this Promotion;
2. accept these terms and conditions; and
3. become a member of Vibe Professional and the first 200 Eligible Entrants that:
4. agree to participate;
5. accept these terms and conditions; and
6. become a member of either Vibe Professional will be deemed to be an entrant in this Promotion ("Entrant").
In order to participate in this Promotion, each Entrant will receive at their nominated address, a 'Trial Pack' which will include:
1. 96 x Bulla Fruit'n Yogurt 200g ("the Product"); and
2. 96 x Bulla Fruit'n Yogurt Promotional Material ("the Trial Pack") to be shared and consumed at the Entrant's nominated Swim School, Centre or Club
Receipt and acceptance of the Trial Pack will be considered acceptance of the terms and conditions of this Promotion.

Game of Skill
This Promotion is a game of skill with Entrants required to earn points for the Nominated Swim Club or Centre by:
1. sharing the contents of the Trial Pack with members, students, staff and supporters of the Entrant's swim centre, club or school ("Nominated Swim Club or Centre");
2. accessing the website: www.readysetdrink.com.au ("the Promotional Website");
3. correctly answering the multiple choice questions on the Promotional Website; and
4. encouraging other people to:
  1. access the Promotional Website;
  2. complete the multiple choice questions;
  3. choose the Nominated Swim Club or Centre; and
  4. encourage other people to do the same.
Five (5) points will be awarded to the Nominated Swim Club or Centre when an Entrant or person properly completes the following tasks:
1. accesses the Promotional Website; and
2. correctly answers all three (3) multiple choice questions; and
3. nominates the Nominated Swim Club or Centre when prompted.
  
  Prize winners
Vibe Professional and the Promoter will judge all completed tasks (in accordance with clauses 8 and 9) and entries into this Promotion and will make a determination (using its absolute discretion) as to which Nominated Swim School has received or earned the most points taking into account the:
quantity of multiple choice questions answered; and
the correctness of the answers of those multiple choice questions.
The three (3) Nominated Swim Clubs or Centres that are judged to have received the most points will be considered the prize winners of this Promotion.
Each winning Swim Club or Centre will receive:
1. a swim clinic held at the Swim Club or Cenre with Michael Klim; and
2. $1,000.00 AUD in cash to be used by the Swim Club or Centre for the promotion or improvement of the Swim Club or Centre ("the Prize").
3. Total prize pool for this Promotion is $3000.00 AUD.
4. The winning Swim Club or Centre and the Entrant will be notified by email within 14 days of the Promotion Period ending.
  
  Special Conditions for this Promotion
The Products, Party Pack or Prizes awarded as part of this Promotion must be:
1. stored;
2. transported;
3. used; and
4. consumed
  only in accordance with the directions provided on any packaging which may include refrigeration or compliance with food health standards.
Clause 15 applies to any consumables, food, beverages, games or activities that may be received or actioned as a result of participation under this Promotion.
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 15 above.
In addition, neither Vibe Professional or the Promoter will be held liable for any:
1. illness caused by allergies or intolerances; or
2. injury or damage caused by the use of any Products, games or Prizes.
  
  General Conditions for this Promotion
These General Conditions apply to this entire Promotion. Headings are for reference purposes only.

Entries and Entrants
Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, of Vibe Professional 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.
The Promoter and Vibe Professional 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 Professional to enforce any of their rights at any stage does not constitute a waiver of those rights.
Entries must be received by the Promoter or Vibe Professional during the Promotion Period. The Promoter and Vibe Professional 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 Professional are not liable for any costs incurred as a result of any such problems or any other consequence of user error.
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.
If there is a dispute as to the identity of an entrant, the Promoter and Vibe Professional reserve the right, in their sole discretion, to determine the identity of the entrant.
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
The Promoter and Vibe Professional's decision in relation to any aspect of this Promotion and the criteria applied by the Promoter or Vibe Professional in determining prize winners is final and binding on every person who enters or participates and no correspondence will be entered into.
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.
If any Products or Prizes are unavailable, the Promoter or Vibe Professional, 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.
The Promoter and Vibe Professional 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.
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 Professional or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
If a winning entry is deemed not to comply fully with these conditions of entry, the entry may at the Promoter or Vibe Professional's sole discretion be discarded and a new winner will be determined in accordance with these conditions of entry.
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 Professional reserve the right to award the prize to the next best entry.

Submission of Content or material
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 Professional advises otherwise, licenses and grants the Promoter and Vibe Professional, 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.
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.
The Promoter or Vibe Professional 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:
1. 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;
2. they will obtain prior consent from any person or property that appears in their Content;
3. 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;
4. their Content shall not contain viruses or cause injury or harm to any person or entity;
5. 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
6. the Promoter and Vibe Professional reserve the right to disqualify any entrant who submits or uploads any material that does not comply with these terms and conditions.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and Vibe Professional for any loss, damage, costs or expenses suffered by the Promoter or Vibe Professional as a result of or as a consequence of a breach of the above terms.

Variations to the Promotion
The Promoter or Vibe Professional may, in their absolute discretion, modify, suspend, cancel or recommence the Promotion or any part thereof, as appropriate, if:
1. 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
2. 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
Any cost associated with accessing the Vibe Professional 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.
Except for any liability that cannot be excluded by law, the Promoter and Vibe Professional (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:
1. any technical difficulties or equipment malfunction (whether or not under the Promoter or Vibe Professional's control);
2. any theft, unauthorised access or third party interference;
3. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or Vibe Professional) due to any reason beyond the reasonable control of the Promoter or Vibe Professional;
4. any variation in prize value to that stated in these conditions of entry;
5. any tax liability incurred by a winner, entrant or participant; or
6. 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
Entrants and participants consent to the Promoter and Vibe Professional 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 Professional.
The Promoter and Vibe Professional 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.
The Promoter or Vibe Professional may also use and disclose entrant information in accordance with the purposes set out in its privacy policy. All entries become the property of the Promoter. The Promoter's privacy policy can be viewed at www.readysetdrink.com.au and Vibe Professional's privacy policy can be viewed at www.vibeprofessional.com.au.

General
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.
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.