Key Terms

TERMS AND CONDITIONS

1. The Key Terms and these terms and conditions (together the Terms) make up the rules for an Entrant’s participation in the Competition. By participating, the Entrant accepts these Terms. 

2. To enter the Competition, Entrants must complete the Entry Procedure during the Entry Period. 

3. Entrants may enter the Competition up to the Maximum Number of Entries. 

4. Entries are deemed to be received at the time of receipt by the Promoter not at the time of transmission by the Entrant.

5. Using automated entry software or any other means to automatically enter the Competition multiple times is not allowed. If an Entrant does this, all of their entries will be invalid.

6. Incomplete or ineligible entries, as well as entries that breach these Terms or any other content guidelines set by the Promoter, will not be valid. 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 or Winner.

7. If a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The Promoter may ask any Entrant to provide the Promoter with proof that they are the authorised account holder of the email address associated with the entry. 

Winner Selection

8. The winning Entrant (Winner) for each Category of the Competition will be determined in accordance with the Selection Details and the Winner notified as set out in the Key Terms. 

9. Entrants are responsible for all expenses incurred when entering the Competition and accessing, claiming and/or using the Prize (unless otherwise stated on the Website).

10. The Promoter’s decision is final and the Promoter will not enter into correspondence with Entrants regarding the decision. 

11. If a Winner’s entry is found to be invalid, the Promoter may reselect or decide on another winning entry.

Prizes

12. The Prize(s) are specified in the Key Terms. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH unless otherwise specified in these Terms.

13. If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter reserves the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority. 

14. The Promoter and/or any supplier of the Prize or any part of the Prize may in their absolute discretion:

1. reserve the right to refuse to allow the Winner or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the Winner or their companion(s) (if any) represent a safety risk or for any other reason; and 

2. may cancel the relevant component of the Prize if the conditions are deemed dangerous.

15. Winners are solely responsible for determining and meeting any tax obligations (including declaring the Prize as income, if applicable) arising in their country or state of residence as a result of participating in, or receiving a Prize under, this Competition. The Promoter makes no representation as to the tax treatment of any Prize in any jurisdiction.

Claiming Prizes

16. The Prize(s) must be claimed by the Redemption Date in accordance with any claim instructions set out in the Key Terms, or it will be deemed forfeited by the Winner. The Promoter may select an alternative Winner in its absolute discretion.

17.  Should circumstances outside the Promoter’s control occur, which cause a delay in delivery of the Prize, the Promoter will not be liable.  

General

18. Personal information: The Promoter collects personal information from all Entrants in order to conduct the Competition and may, for this purpose, collect, use and disclose such information to third parties, including to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Please see the Promoter’s Privacy Policy (linked in the Key Terms) and any privacy collection notice provided, for more information about how the Promoter handles your personal information. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause 19 and the Promoter’s Privacy Policy. 

19. Non-Excludable Guarantees: Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable legislation (Non-Excludable Guarantees). 

20. Consequential Loss: Despite anything to the contrary, but subject to the Non-Excludable Guarantees, neither party will be liable under these Terms for any consequential, special or indirect loss including loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. 

21. Force Majeure: The Promoter will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure Event means any event or circumstance which is beyond the Promoter’s reasonable control including, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.  

22. Social Media: The use of social media is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms, the Competition is in no way sponsored, endorsed or administered by, or associated with any social media platform. If an Entrant uses social media to participate in the Competition, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Competition, the Entrant releases the applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Competition. 

23. Currency: Unless expressly stated otherwise, a reference in these terms or in any advertisement relating to the Competition, to New Zealand dollars, dollars, NZD$ or $ is a reference to the lawful currency of New Zealand.

24. Amendments: If for any reason any aspect of this Competition is not capable of running as planned, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Competition and invalidate any affected entries, or suspend or modify a prize, subject to New Zealand regulations.

25. Jurisdiction: These Terms are governed by the laws of New Zealand. Entrants submit to the jurisdiction of the courts of New Zealand.

26. Dispute Resolution: In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter cannot be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.

27. Intellectual property rights: Where the Competition involves submission of any materials including answers to questions or photographs (Content), all Entrants represent, warrant and agree that: 

1. the Content must not contain any viruses or cause or be likely to cause any injury or harm to any person or entity; 

2. the Content must be the work of the individual submitting it; 

3. the Content must not have been published elsewhere or have won a prize in any other competition or promotion; 

4. Entrants have obtained all appropriate consents and/or permission relating to a person who appears in, or whose property appears in, the Content;

5. the submission of the Content does not infringe the intellectual property rights of any third party and that the Content they are submitting is their own work and that they own the copyright for it; 

6. the Promoter may remove or decline to publish any Content without notice to the relevant Entrant; 

7. the Entrant grants the Promoter an irrevocable, perpetual, royalty-free, worldwide, sublicensable and transferable licence to publish, reproduce, distribute, publicly display, and create derivative works of, copy, modify and exploit the the Content in any media now known or in the future devised, for any purpose whatsoever, including advertising, marketing, and promotional purposes, without compensation or notification to you. The Entrant waives all moral rights in the Content to the fullest extent permitted by law; and

8. the Promoter may use their likeness, image and/or voice in the event that the Entrant is the Winner (including photograph, film or recording) in any media whatsoever throughout the world for the purpose of promoting this Competition or other similar promotions and promoting any products manufactured, distributed and or supplied by the Promoter. The Entrant will not be entitled to any remuneration for such use.