Conditions of entry

General

1. Information on how to enter the Cracka Wines promotion and prizes form part of these conditions of entry.

2. By participating in this Promotion, entrants agree to be bound by these conditions of entry.

3. The promoter is Cracka Wines Co trading as Cracka Wines (Promoter) ABN 40 141 713 484 of Suite 4, 137 Pyrmont Street, Pyrmont, NSW 2009.

4. The Promotion commences at 8am (AEST) on 9/08/2010 and entries in the major prize draw close at midnight (AEST) on 21/12/2010 (Promotional Period). The Weekly Prize Draw Promotional Period will commence at 00:00 (AEST) on Wednesday 1/09/2010 and ends at 24:00 (AEST) on Tuesday 21/12/2010.

5. Entry is open to Australian residents 18 years and over only.

How to Enter

6. To enter this Promotion, entrants must enter during the Promotional Period in any of the ways set out below, and in doing so must provide their name, a valid and operational email address and any other information requested.

Major prize draw:

To gain an automatic entry into the $5000 major prize draw, entrants must successfully complete the online Membership registration form at www.crackawines.com.au during the Promotional Period. An individual or business may register once only and only one entry will be allocated per individual or business.

After registering, entrants can gain additional entries by completing the Cracka Wines ‘Forward to a Friend’ form, supplying the valid name and email address of an individual who subsequently successfully registers to become a Member at www.crackawines.com.au during the Promotional Period. An entrant will only have the opportunity to complete the Cracka Wines ‘Forward to a Friend’ form immediately after completing the Membership registration form and an entrant can only receive a maximum of 5 additional entries in this manner.

Weekly Prize Draws:

To receive an entry into a Weekly Prize Draw entrants must purchase a case of wine at www.crackawines.com.au during the Weekly Prize Draw Promotional Period. Where an individual purchases multiple cases of wine at the one time they will be awarded an entry for each case purchased.

Eligibility

7. Employees of the Promoter (Employees) and their Related Bodies Corporate (as this term is defined in the Corporations Act 2001 (Cth)) and such Employees’ immediate family members are not eligible to enter.

8. The Promoter reserves the right, at its sole discretion, to verify, at any time during or after the closing of the Promotion, the validity of all entries, to disqualify any entrant who submits incomplete, indecipherable, or illegible entries or tampers with the entry process or uses any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter the Promotion repeatedly.

9. Entrants must notify the Promoter in writing of any changes of email address, residential address or phone number.

10. Winners who cannot be reached at the email address, address or telephone number provided on their entry, because those details were incorrect, invalid or not operational will be in breach of the entry requirements in condition 6 and will be ineligible to win a prize.

11. The Promoter reserves the right to:

a) verify the validity of entries and entrants including an entrant’s identity, age and place of residence; and/or

b) disqualify any entrant who submits an entry that is, in the Promoter's reasonable opinion, not in accordance with these conditions of entry.

Draws and Prizes

12. Major prize:

The $5000 prize draw will take place at the premises of the Promoter, being Suite 4, 137 Pyrmont Street, Pyrmont, NSW 2009 at 11:00 (AEST) on 22/12/2010. The first valid entry drawn will win the $5000 cash prize.

Weekly Prize Draw prizes:

There are 16 weekly prizes to be given away, one each week during the Weekly Prize Draw Promotional Period. For the purposes of the weekly draw, each week commences Wednesday at 00:00 (AEST) and ends the following Tuesday at 24:00 (AEST). One winner will be randomly drawn each week. The winner will receive one bottle of wine (bottle to be determined by the Promoter), valued up to $500.

Allow 14 days for delivery of prize from the date of draw date.

Total prize value:

13. The total prize pool value is $13,000, as follows:

a) the $5000 major prize draw; and

b) 16 Weekly Prize Draw prizes, each valued at RRP of $500 ($8,000 in total for all Weekly Prize Draw prizes).

14. The prize value is correct at time of printing and the Promoter accepts no responsibility for any subsequent variation in the prize value.

15. If any prize (or part of any prize) is unavailable, the Promoter reserves the right to substitute the prize (or part of the prize) with a prize of equal value or specification, subject to any written directions given by the appropriate State or Territory Lottery Departments. All prize values are in Australian dollars.

16. Prizes are not exchangeable or transferable and non-cash prizes are not redeemable for cash. The Promoter’s decision is final and no correspondence will be entered into with entrants.

Notification of winners:

17. The winner of the $5000 prize draw will be notified by email and the winner’s name will be published on www.crackawines.com.au  after the draw has taken place on 22/12/2010. Details of the winner of the grand prize and the winners of the 16 Weekly Prize Draw prizes will be published in The Australian on 19/1/2011.

Unclaimed prizes:

18. If for any reason a winner does not take an element of a prize by the time stipulated in condition 20, or chooses not to participate in the promotion, then that prize, or element thereof, will be forfeited.

19. If the major prize or any Weekly Prize Draw prize is not claimed by 11AM (AEST) on 21/3/2011, unclaimed prize draw/s will take place at 11AM (AEST) on 22/3/2011 subject to any directions from a regulatory authority, and subsequent winner/s will receive an email and have their names published on www.crackawines.com.au within 2 days from the unclaimed draw date. Details of any winners in the unclaimed prize draw/s will be published in The Australian on 5/4/2011.

Personal Information and Privacy

20. By entering into this promotion, the Promoter collects entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners and, as required, Australian authorities). The entrant agrees to the use of their personal information, in accordance with the entrant’s preference, to receive marketing communications from the Promoter including electronic communications. The Promoter will use the entrants’ details in accordance with the Promoter’s Privacy Policy at www.crackawines.com.au.

21. By entering into this promotion, entrants agree that should they become Winners, they will participate and co-operate as required in all editorial activities relating to the promotion, including but not limited to being interviewed and photographed. The Winners agree that all rights of whatsoever kind attaching to film, video, photographs and any other cinematograph film or digital recordings in any and all media of the Winner (the Material) shall by owned by the Promoter. The Promoter and its Related Bodies Corporate are entitled to use the Material in any and all media whether now known or subsequently invented (including electronic, video, any of the Promoter’s publications or other) for advertising, promotion, marketing, and/or publicity purposes as determined from time to time anywhere in Australia or elsewhere. The use of the Material may include (but is not limited to) publication, editing, display, reproduction and distribution. The Winners agree that the Material becomes the property of the Promoter, who may use it without any further reference to the Winner, and without any payment, compensation or remuneration to, or in respect of, the Winner.

25. Entrants can request access, provide updates, opt-out or correct their personal information by contacting the Promoter’s Privacy Officer in writing at Suite 4, 137 Pyrmont Street, Pyrmont, NSW 2009 or via email at help@crackawines.com.au.

26. Entrants can find information on how their personal information is used by reading the Promoter’s privacy policy at www.crackawines.com.au.

Disclaimer

27. To the extent permitted by law, the Promoter, and any of its partners, contractors, agents or Related Bodies Corporate (including any directors, officers, and employees thereof), will not be responsible for any loss, personal injury or damage whatsoever (including direct or consequential loss), whether as a result of participation in this Promotion, the Promoter’s negligence or otherwise.

28. The Promoter reserves the right to disqualify an entrant or cancel, terminate, modify or suspend the Promotion, for any reason whatsoever, without liability, subject to State and Territory regulation.

29. The Promoter reserves the right to announce or publish the winner's name and/or photograph for publicity purposes without any further reference, payment, compensation or remuneration to the winner(s). It is a Condition of Entry into this promotion that the winner consents to the Promoter doing so.

Permits

30. The Promoter has obtained the following permits in regard to the Promotion: NSW Permit No: LTPS/10/07587, ACT Permit No ACT TP 10/03500.1, VIC Permit No:10/2985, SA Permit No: T10/1920.