NZDronie Terms and Conditions

If you've had your picture snapped by our NZdronie you might like to read these Terms and Conditions & Participation Terms.

#NZDRONIE PROMOTION TERMS AND CONDITIONS

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian and New Zealand residents aged 13 years or over who have a Facebook, Instagram or Twitter account.

3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

4. Employees (and their immediate families) of the Promoter, agencies and stakeholders associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

5. The promotion commences on 25/06/2015 and final entries close at 11:59pm NZST on 06/07/2015 (“Promotional Period”).

6. To be eligible to enter, individuals must complete the following steps during the Promotional Period:

(a)  visit one (1) of the promotional locations, at one of the dates/times, set out in the table below (“Promotional Location”) (locations are subject to change/cancellation at any time due to weather conditions):

Promotional Location Date Time (NZST)
Queenstown Lakeside (corner of Church St and Marine Parade) 25/06/2015 9.30am - 4.45pm
Coronet Peak Ski Field (top of Meadows Express Chairlift) 26/06/2015 9am - 4.30pm
Cardrona Ski Field 27/06/2015 9.30am - 4.45pm
Cardrona Ski Field 28/06/2015 9.30am - 11.30am
Wanaka Lakeside 28/06/2015 12.00pm - 4.45pm
Treble Cone Ski Field 29/06/2015 9.45am - 4.50pm
Mount Hutt 01/07/2015 8.45am - 4.15pm
Mount Hutt 02/07/2015 8.45am - 4.15pm

(b)  enter their name and a valid email address on the app provided by staff at the Promotional Location; and
(c)  have an original, unique and creative aerial Video Selfie of themselves OR themselves and their companions (“Video Selfie”) taken via an aerial drone (the drone will be operated by a professional drone pilot).

Entrants will later receive an email containing their Video Selfie (as created by the app used in step b). For the sake of clarity, if there is more than one (1) participant in the Video Selfie, then the Video Selfie email will be sent to the individual who registers their details on the app.

7. To enter, eligible individuals must then upload their Video Selfie to either: (a) their own public Instagram OR Twitter account using the hashtag #NZdronie; OR (b) to Tourism New Zealand’s Facebook page at facebook.com/purenewzealand using the hashtag #NZdronie, during the Promotional Period. Video Selfie must not be edited from that sent to the entrant via email prior to uploading onto Instagram/Twitter/Facebook. For clarity, entrant’s Instagram profile OR Twitter account must be set to public and NOT private. Entrants may receive a second/follow up email reminding them to upload their Video Selfie for entry into the promotion. By entering their details on the app as per clause 6(b) (above), entrants consent to receiving the email as specified in clause 6(c) (above).

8. The public profile of the Facebook, Twitter OR Instagram account used to enter must contain sufficient personally identifiable information to adequately identify the entrant. Each entrant warrants to the Promoter that the Video Selfie and any other content submitted in their entry does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 23.  

9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Video Selfie (regardless of the number of entrants in that Video Selfie); (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements. Only the first Video Selfie uploaded to Facebook, Twitter OR Instagram, (in accordance with the conditions set out in these Terms and Conditions) will be deemed a valid entry. Any subsequent uploads/shares of the Video Selfie (in excess of the first upload) on Facebook, Twitter and/or Instagram will not receive a valid entry into the promotion.

10. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. 

12. Incomplete, indecipherable or incorrect entries (in terms of the hashtag (#) used, e.g. spelling errors) will be deemed invalid.

13. In the event of unsafe/unforeseen weather conditions, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify the Promotion Locations.

14. The judging will take place at Tourism New Zealand of Level 12, 61 York Street, Sydney, NSW 2000 on 15/07/15 at 10.00am AEST. The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on creative and original merit of the Video Selfie applicable to their entry.

15. Winners will be notified either, by way of comment on their winning entry (i.e. the Video Selfie) or via email (to the email address which they supplied in accordance with clause 6(b)). Winners will be given forty-eight (48) hours to respond to notification. If a winner does not respond within forty-eight (48) hours of notification then they will forfeit their right to a prize.

16. The Promoter’s decision is final and no correspondence will be entered into.

17. The best three (3) valid entries, as determined by the judges, will each win a GoPro Hero Camera valued at AU$189.95.

18. GoPro is not a participant in or a sponsor of this promotion.

19. If for any reason a winner does not claim/redeem a prize, then the prize will be forfeited.

20. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

21. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

22. The total prize pool value is AU$569.85.

23. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to the Video Selfie, comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter 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 13, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) 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.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

24. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

25. Entrants consent to the Promoter 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

26. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

27. Any cost associated with accessing Facebook/Instagram/Twitter is the entrant’s responsibility and is dependent on the Internet service provider used.

28. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes 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.

29. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) claiming/redeeming a prize or participation in/creating the Video Selfie.

30. As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

31. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with terms applicable to the social media platform through which they enter, i.e. either the Facebook Statement of Rights and Responsibilities (which can be viewed at www.facebook.com/terms.php), the Twitter Terms of Use (which can be viewed at www.twitter.com/tos) or Instagram Terms of Use (which can be viewed at http://instagram.com/about/legal/terms/).

32. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook, Instagram or Twitter. Facebook, Instagram and Twitter will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability, which cannot be excluded by law.

33. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.newzealand.com/au/utilities/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may access, update or correct their PI. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities in New Zealand (to the Promoter’s partners, head offices and other stakeholders).

34. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.

35. The Promoter is Tourism New Zealand (ABN 98 058 786 404) of Level 12, 61 York Street, Sydney, NSW 2000.

NZDRONIE PARTICIPATION TERMS (TALENT RELEASE)

I have been informed and understand that by taking part in the NZdronie activity (NZdronie) my image, voice, appearance and/or performance is being photographed, filmed and/or recorded and may be used in conjunction with my name and/or social media username/s by Tourism New Zealand trading as New Zealand Tourism Board ABN 98 058 786 404 and its related entities (Tourism New Zealand) for promotional and marketing purposes including for use in Tourism New Zealand advertising. I acknowledge and agree that:

1. Tourism New Zealand may use any photographs, films and/or recordings of my participation in NZdronie (Content) together with my name, voice, image, likeness and/or social media username/s on any of its social media channels (including Twitter, Facebook and Instagram), the Tourism New Zealand website (www.newzealand.com) and any associated websites, in Tourism New Zealand PR and award submissions for public viewing and in Tourism New Zealand advertising in any media (whether existing now or in the future) worldwide for an unlimited period of time without further notification.

2. I am not entitled to any remuneration or compensation for any use of the Content, either at the date of my participation in NZdronie or at any time in the future.

3. Tourism New Zealand unconditionally owns all right, title and interest in all copyright and other intellectual property rights in the Content upon creation.

4. Tourism New Zealand shall have full editorial control over use of the Content and may edit the Content in any way, or not use the Content, in its absolute discretion and without consultation with me.

5. Tourism New Zealand may use my social media posts featuring the Content including any posts using the hashtag #NZdronie (Social Media Posts) for any purpose.

6. I warrant that my Social Media Posts will not violate the rights including intellectual property rights of any person or defame, harass or demean any person.

7. I hereby release, discharge, and agree to hold harmless Tourism New Zealand, its directors, management, successors, assigns, licensees, employees and all persons acting under its authority from all claims, demands and liability of any kind, in law or in equity, arising out of or in connection with any use of the Content and/or Social Media Posts as contemplated in this release.

8. I agree to indemnify and hold harmless Tourism New Zealand, its directors, management, successors, assigns, licensees, employees and all persons acting under its authority from and against all liabilities, losses, damages, costs and expenses (including reasonable legal fees) that Tourism New Zealand suffers or incurs as a result of any breach of this release by me.

9. Tourism New Zealand may contact me regarding the use of the Content by mail, telephone or electronic communications.

10. Tourism New Zealand will collect my personal information including my name, social media username/s and contact details (Personal Information) via this release and as otherwise provided by me physically or electronically. My Personal Information is collected in order to provide me with a copy of my NZdronie video via email and to use my Personal Information in accord ance with this release.

11. An additional primary purpose for the collection of my Personal Information is to enable Tourism New Zealand to contact me for direct marketing purposes via any medium including electronically.

12. Tourism New Zealand may share my Personal Information with its New Zealand and overseas promotional partners and its professional service providers including its advertising agency Whybin TBWA Sydney.

13. Failure to provide my Personal Information will mean that I will not be able to participate in NZdronie.

You may contact Tourism New Zealand with any queries in relation to your Personal Information, including to access or correct your Personal Information, via email: alex.stickler@tbwa.com or mail: Alex Stickler Whybin TBWA, Level 3, 137 Pyrmont St, Pyrmont NSW 2009, or telephone: +61 2 8584 5500.