1. By participating in the V Raw Program (Program) participants agree to be bound by these terms and conditions and the Terms of Use Agreement and Privacy Policy governing the use of the services specified on the MySpace.com website through which the Program will be run.
  2. The V Raw Program organiser is OMD (Optimum Media Direction Pty Ltd), 32 Pyrmont Bridge Street, Pyrmont, ABN 29 075 944 777 (Program Organiser) on behalf of Frucor Beverages (Australia) Ltd, 13 South St, Rydalmere NSW, 2116, ABN 73 060 091 536 (Frucor).
  3. This Program is open to Australian residents aged 16 years and over. Employees of the Program Organiser and Frucor and their immediate families, their retailers, suppliers and associated companies and agencies are not eligible to participate in the Program.
  4. The Program Organiser and Frucor reserve the right to verify the validity of job applications submitted through the Program and to disqualify any participant who the Program Organiser and/or Frucor believes either has tampered with the application process or has submitted an application that is not in accordance with these Program terms and conditions.
  5. The Program commences at 9:00am (Sydney time) on 31st March 2008. There are two phases for the Program: Phase 1 recruitment opens 31st March 2008 and closes 16th May 2008; Phase 2 recruitment starts 1st September and closes 11th October 2008.
  6. To submit an application, participants must
    • Go to www.myspace.com/vraw
    • Go to the Jobs section
    • Click Apply Now button
    • Complete relevant fields
    • Choose position
    • Upload CV, cover letter, video (encouraged);
    • Submit application
  7. All valid applications received during a Program Application Period will be reviewed by the Program application panel which will consist of representatives from the Program Organiser and, for the full time positions, the relevant employer (the Program Application Panel). This is not a game of chance and all applications will be individually assessed based on suitability for the relevant position.
  8. Following the relevant program Application Period, the top 5-10 candidates for each position as determined by the Program Application Panel will be notified via email that they have been shortlisted for the position. The week following the Program Organiser will contact the top five candidates to organise a one to one interview with the Program Organiser. A final three, as determined by the Program Organiser, will then be contacted via the employer to conduct a formal interview.
  9. Each participant who has submitted an application for a position determined by the Program Application Panel to be one of the three best applications for that position will be invited to attend a formal job interview with the employer. [The making of an offer of employment is at the discretion of the employer and selection of a participant in the job interview does not guarantee that the participant will be offered any particular position. These participants may also be required by the Program Organiser to set-up and manage a dedicated MySpace page which has been approved by the Program Organiser detailing their experiences during the Program and application and interview process.
  10. By submitting a job application, each participant warrants and agrees that:
    • they have not used any personally identifiable information of any other person captured in the video application (if any);
    • they personally have prepared their application and any materials uploaded in support of the application;
    • their application (and any materials uploaded in support of the application) is original, has not previously been published, released or distributed and has been created and is owned exclusively by the participant submitting the application;
    • their application (including personal details) may be posted on a publicly accessible website during and/or following the Program Application Period;
    • their application (including any materials uploaded in support of the application) does not breach any third party intellectual property rights or moral rights.
    Each participant agrees to indemnify the Program Organiser and Frucor against any loss, liability or damage incurred by the Program Organiser or Frucor or third party claim made against the Program Organiser or Frucor arising from a breach by the participant of any of the warranties in this condition 10.
  11. The decision of the Program Application Panel is final and no correspondence will be entered into. No responsibility is accepted for job applications not received by the Program Organiser.
  12. By submitting an application, each participant grants to the Program Organiser and Frucor an irrevocable, royalty-free, transferable, worldwide right, in all media (now known or later developed) to use, publish, alter, reproduce, distribute or otherwise use their application and any materials uploaded in support of the application. Each participant forever releases the Program Organiser and Frucor from any and all claims the participant may have in connection with the use and exhibit of their application and any materials uploaded in support of the application as set forth above. Each participant also agrees to sign (or have their parent or legal guardian sign if the participant is under the age of 18) any necessary documentation to effectuate that license and release. If a participant does not want to grant the Program Organiser and Frucor the licence and release set out in this clause, they should not participate in the Program. The Program Organiser and Frucor are not obligated to use the application or any materials uploaded in support of the application, even if the participant has been selected as the successful applicant.
  13. Each participant:
    • waives any claim of infringement (including without limitation intellectual property infringement such as copyright, trade mark, patent, trade name, trade secret, etc.) against the Program Organiser, Frucor, their authorised licensees or nominees based upon access, use, publication, alteration, reproduction, distribution or exploitation of a participant’s application and any materials uploaded in support of the application;
    • consents to any act or omission by the Program Organiser, Frucor, their authorised licenses or nominees which would otherwise infringe any moral rights in the application and any materials uploaded in support of the application; and
    • must not grant a licence on the same or similar terms to that set out in clause 12 above to any other person with the exception of any licence granted by the participant directly to MySpace.com under the Terms of Use Agreement specified on the MySpace.com website.
  14. The Program Organiser will review all applications submitted for consideration and the content of the MySpace pages set-up by the final three participants for each job (as detailed in condition 9). The Program Organiser reserves the right, in its absolute discretion to disqualify any application, and/or close down any Program-related MySpace page at any time, which, in the Program Organiser’s opinion, depicts or encourages inappropriate, offensive or dangerous behaviour of any kind or reflects adversely on the Program.
  15. All applications are deemed to be received at the time of receipt into the Program database and not at the time of transmission by the participant.
  16. The successful applications for each position will be notified by the Program Organiser via email and personal correspondence.
  17. In the event that a successful applicant does not accept the offered position, the Program application panel will select an alternate applicant for the position.
  18. The Program Organiser and Frucor accept no responsibility for the content of any job description/job specifications and participants acknowledge that the Program Organiser and Frucor have no control over the quality, safety or standard of positions included in the Program or the truth or accuracy of the information contained in the job descriptions.
  19. Subject to any applicable law which cannot be excluded, the Program Organiser, Frucor and their respective related bodies corporate, employees, agents and contractors shall not be liable for any loss, damage or injury suffered or sustained (including but not limited to direct or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection with the participant’s involvement with the Program, including if a participant is not successful in being offered a job under the Program.
  20. Each position shall be subject to the relevant employer’s conditions of employment. Subject to any applicable law which cannot be excluded, the Program Organiser, Frucor and their respective related bodies corporate, employees, agents and contractors shall not be liable for any direct or indirect loss suffered by any participant as a direct or indirect result of the conduct of the employer during or after participation in the Program.
  21. Any costs associated with participating in the Program, accessing the Program website, attending job interviews and accepting an offer of employment are the responsibility of the participant.
  22. The Program Organiser assumes no responsibility for, and the participant releases the Program Organiser from responsibility for, any failure to receive a job application or for inaccurate information or for any loss, claim, damage or injury to person or property (including computer systems and servers) as a result of the participant’s involvement in this Program or the conduct of the Program generally or as a direct or indirect result of an participant’s error, any technical problem of any kind including communications or network failure, unauthorised access to, transferring or theft of data, whether caused by the participant or associated with the equipment or programming used in the conduct of this Program. If, because of any such problem, this Program is not able to be conducted as planned and/or the Program’s administration, security, fairness or integrity are compromised or affected, the Program Organiser may cancel, terminate, modify or suspend the Program and/or disqualify any participant involved in interfering or tampering with the conduct of this Program in any way.
  23. The Program Organiser reserves the right to change the Program or cancel the Program at any time.
  24. Privacy Statement: Details from all applications (including personal information) will be collected and used by the Program Organiser and Frucor for the purposes of conducting this Program (which may include disclosure to third parties for the purpose of processing and conducting the Program) and for publicity purposes surrounding this Program. By participating in this Program, participants consent to the collection and use of this information for the purposes described. Participants may access and/or change their data by contacting the Program Organiser via email (vraw@omd.com). The Program Organiser will only use your personal information for marketing purposes outside those described above if you “opt in” to join the mailing list when prompted on the website during the application process.