The following terms and conditions apply to the ‘newzealand.com survey’ contest (the ‘Contest’). Please read and accept the following terms and conditions:
1. Introduction: The persons who play the Contest (each an ‘Entrant’) must read and agree to these terms and conditions (‘Terms’) before entering the Contest. By submitting an entry form for the Contest each Entrant agrees to the Terms.
2. Promoter: The promoter of the Contest is the New Zealand Tourism Board trading as Tourism New Zealand (‘the‘Promoter’), 147 Victoria Street West, Auckland 1010. The Contest will be conducted through the ‘100% Pure New Zealand Facebook page’ (http://www.facebook.com/purenewzealand). This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.
3. Contest Period: The Contest commences at 9:00 am (New Zealand time) on 20 December 2011 and closes at 5:00 pm (New Zealand time) on 24 December 2011 (‘Contest Period’).
4. Prizes: There is one prize available consisting of an online shopping voucher up to the value of USD$250. The Promoter may provide a choice for the winning Entrant of vouchers.
5. Prize Suppliers: The providers of any goods and services forming part of a Prize might impose additional terms and conditions in relation to the supply of those goods and services. By entering this Contest each entrant accepts and agrees to comply with such terms and conditions.
6. Participants: Any person who uses a Prize, including the Entrant and any other person who uses any Prize, is referred to as a ‘Participant’. All Participants must agree to these Terms (where applicable to them) as a condition of using any Prize. The entrant must procure that any such person, if required by the Promoter, signs a further acknowledgement to give effect to this paragraph 6.
17. Entries: The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstance of any kind, which may affect an entry or an Entrant’s participation in the Contest. The Promoter, in its sole discretion, may disqualify any entry that is incomplete, illegible, damaged, mutilated, forged, otherwise tampered with in any way or that has been made by automating or manipulating the entry process, or in any other way that the Promoter considers to be inappropriate. The Promoterreserves the right to verify the validity of entries.
18. Eligibility: Citizens, residents and valid work visa holders of New Zealand are not eligible to enter the Contest. Employees and immediate family members of employees of the Promoter (or of its respective suppliers, participating agents, distributors, agents, and associated entities) are not eligible to enter the Contest. ‘Immediate family’ is defined as parents, siblings, children, and spouse or de-facto partner.
19. Decisions: The Promoter’s decisions regarding all aspects of this Contest
including, without limitation, decisions regarding the eligibility of entries, the conduct of the Contest, the interpretation of these Terms and the allocation of the Prizes, are final. No correspondence will be entered into. To the maximum extent permitted by law:
a. no decisions of the Promoter may be challenged on any grounds,
including (without limitation), due to any alleged or actual failure of the Promoter or the Promoter’s agent to act reasonably, in good faith, or fairly; and
b. the decisions of the Promoter will remain binding and conclusive even if
those decisions were allegedly or actually wrong or based on any factual error or based on any unreasonable, irrational, or irrelevant consideration.
20. Cancellation, changes or substitution: The Promoter reserves the right to cancel, suspend or modify this Contest, or to change or modify any terms or condition of this Contest, without notice. The Promoter reserves the right to substitute a Major Prize, Instant Prize or any part of a Major Prize or Instant Prize (due to unavailability or for any other reason) with a different Prize or part of a Prize of equal or greater monetary value.
21. Ownership: All entries (including all copyright and other intellectual property rights that may subsist therein) will become the property of the Promoter and may be copied, published, adapted, communicated, and used by the Promoter for any purpose (including, without limitation, future promotional, public relations, and sales development activities) if the entrant selects “I would like to receive further information from New Zealand 100% Pure” within the Contest. The Entrant and each Participant consents to the Promoter and any supplier of a Prize using his or her name or image in any promotional, marketing and publicity events.
23. Privacy: Personal information provided by each Entrant will be stored and used by the Promoter for the purposes of conducting the Contest.
Personal information will not otherwise be used or disclosed by the Promoter, except as required or permitted by the New Zealand Privacy Act 1993 or by other applicable laws.
An entrant may request access to, or correction of, personal information held by the Promoter about that Entrant by writing to Tourism New Zealand at 147 Victoria Street West, Auckland 1010 or calling Tourism New Zealand on +64 9 914 4780.
24. Warranties: To the maximum extent permitted by law, the Promoter and any supplier of a Prize (and their subsidiaries, related companies, associated entities, employees, contractors and agents) disclaim all guarantees, warranties, and representations of any kind (whether express, implied or statutory) in respect of this Contest, all Prizes, and the claiming, redeeming and use of any Prizes.
25. Liability: Acceptance and use of any Prize is at each Participant’s own risk and is his or her responsibility. To the maximum extent permitted by law, the Promoter and any supplier of a Prize (and their subsidiaries, related companies, associated entities, employees, contractors and agents) shall not be liable for any personal injury, loss, damage (whether direct or indirect), cost, or expense howsoever caused (including through negligence or breach of statutory duty) arising out of or in connection with:
a. this Contest, the Prizes, or the claiming, redeeming or use of the Prizes;
b. the acts or omissions of the Promoter or any supplier of a Prize;
c. any act of God, or other event or occurrence beyond the reasonable control of the Promoter or any supplier of a Prize.
By playing the Contest, Entrants completely release Facebook Inc from any and all responsibility, obligation or liability.
26. Governing Law: This Contest and these Terms shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this Contest or these Terms. Entrants submit to the jurisdiction of the New Zealand courts and agree that the New Zealand courts are a convenient forum in which to resolve any issue or dispute concerning this Contest.