1. Summer of Fun Gift Card Consumer Promotion (the “Promotion”) is offered by Mondelez New Zealand of 476 Rosebank Road, Avondale, New Zealand (the “Promoter”).
2. The promotion commences at 12.01am on Monday 23rd January 2017 and closes at 11:59pm Sunday 19th February 2017 (“Promotional Period”).
3. The promotion is only open to New Zealand residents who are aged 16 years or older and who are members of the New Zealand Fly Buys programme or of the Air New Zealand Airpoints programme. Employees of the Promoter and Z Energy Limited and their immediate families, as well as the owners, managers, and staff of each participating Z Service Station and their immediate families, are ineligible to enter. Employees of Loyalty New Zealand Limited and Air New Zealand Limited are also ineligible to enter. The Promoter reserves the right to request proof of an entrant's eligibility in the event that there is a doubt over his/her eligibility for the Promotion.
4. Entrants will receive one automatic entry into the prize draw when they purchase any two (2) x The Natural Confectionery Co. or Pascall branded products (“Qualifying Products”) in one transaction from a participating Z Service Station (“Participating Stores”) during the Promotional Period, and swipe their Fly Buys card or Airpoints card at the time of purchase (“Qualifying Purchase”). Purchases using Z fuel cards are excluded.
5. Entrants will get one entry for each 2 Qualifying Products purchased in one transaction.
6. There are five prizes, each being a Z Energy Gift Card to the value of $1,000NZD (each a “Prize”). Prizes are subject to the terms and conditions as imposed by the Prize supplier/s, including period of validity.
7. The winner will be drawn by Z Energy Limited on behalf of the Promoter at the offices of Z Energy Limited on 03/03/17 by random selection from all valid entries received during the Promotional Period. The first 5 eligible winners drawn will win a Prize. No winner may win more than one Prize.
8. The prizes are not exchangeable, transferable or redeemable for cash. If for any reason a prize winner does not redeem or accept their Prize within the time stipulated by the Promoter, then the Prize will be forfeited.
9. The winner will be the person listed as the primary cardholder on the winning Fly Buys account (regardless of who made the Qualifying Purchase).
10. The winner will be contacted by phone on the phone number listed on their nominated Fly Buys or Airpoints account. Entrants should ensure their contact details on their Fly Buys or Airpoints accounts are current and correct.
11. In the event that an ineligible entry is drawn, the Promoter is unable to contact a winner by 3pm on Friday 10th March 2017 having made reasonable attempts to do so, or a winner does not accept and claim the prize by this time and date, the Promoter may deem that winner’s entry invalid and select a new winner on the same terms as the original prize draw. The unclaimed prize draw will take place on Monday 13th March 2017 at the same location as the original draw.
12. Prizes must not be sold or used, donated or given away as part of another promotion.
13. Prizes will only be delivered in New Zealand and each winner should allow 28 days from the date of the winner being notified for delivery of their prize.
14. Once dispatched and awarded to a winner, the Promoter is not be liable for any prize that has been lost, stolen, late, damaged, defaced or tampered with in any way.
15. To the extent permitted by law, the Promoter, its agents and Z Energy Limited take no responsibility for any failure of any entry to be entered into the promotion due to, without limitation, technical malfunction or human error. The Promoter, its agents and Z Energy Limited are not responsible for late, lost, illegible, corrupted, incomplete or misdirected entries and take no responsibility for any entries not correctly lodged through the Fly Buys system.
16. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
17. The Promoter’s decision is final on all matters and no correspondence will be entered into.
18. The Promoter reserves the right to amend, suspend or cancel any aspect of this promotion (including any prize or term) at any time in its sole discretion if the promotion cannot be run as reasonably anticipated due to any reason beyond its reasonable control, including but not limited to technical difficulties, unauthorised intervention or fraud.
19. The Promoter reserves the right to disallow entries in its absolute discretion and without giving reasons.
20. The Promoter reserves the right to verify the validity of the winning entry and disqualify any entry or refuse to award a prize where false or misleading details have been given by an entrant or an entrant has behaved in a fraudulent, dishonest or disruptive manner, or otherwise than in accordance with these terms and conditions or the spirit of the promotion.
21. Acceptance of a prize is deemed consent for the Promoter to use the winner’s details for promotional and media purposes without compensation, and any copyright will vest in the Promoter.
22. The Promoter, its employees and agents, and Z Energy Limited will not be liable in any way (including, without limitation, in negligence) for any loss or damage whatsoever incurred or suffered (including, without limitation, indirect or consequential loss) or personal injury suffered or sustained in connection with either participation in this promotion or with the use of any prize offered, except any liability that cannot be excluded by law.
23. As a condition of participating in the prize, the winner and their chosen prize participants indemnify the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with this promotion against all claims, damages, liabilities, costs and expenses (including reasonable legal fees) which the winner or other prize participants may incur arising out of their participation in the promotion and/or participating in the Prize, howsoever caused.
24. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
25. All entrants authorise Loyalty New Zealand Limited to give their personal information to the Promoter and Z Energy Limited for the purposes relating to awarding the Prize and contacting the winner. The Promoter will not be liable for any loss or damage arising from any inaccuracy in data provided by Z Energy Limited.
27. The Prize winner must be 18 years or older, in the event that the winner is under 18 written permission to accept the Prize must be provided by a parent or guardian who is 18 years of age or older.
28. In the event that any Prize is unavailable despite the Promoter’s reasonable endeavours, the Promoter reserves the right to substitute a different Prize item of equal or greater value.
29. The Promoter reserves the right to draw an alternate winner if the Promoter determines in its sole discretion that the winner does not comply with these Terms and Conditions of Entry or where the Promoter has reasonable grounds to believe the winner will not comply with these Terms and Conditions of Entry.
30. The Promoter may require any Prize winner to provide proof of identity, residency and age. Identification considered suitable for verification is at the Promoter’s discretion.
31. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
32. If for any reason any aspect of this promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries.
33. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, prohibit further participation by an entrant or winner in this promotion, or invalidate a provisional winner if the entrant/winner:
1. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
2. tampers with or benefits from any tampering with the entry process or the operation of the Promotion (including where entrants share their Proof of Purchase to enter the Promotion or where entrants use multiple names, addresses or aliases to register multiple entries);
3. submits an entry which in the Promoter's opinion is not in accordance with these Terms and Conditions;
4. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person;
5. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading or deceptive; or
6. engages in conduct which may, in the opinion of the Promoter, compromise the integrity or diminish the good name and reputation of the Promoter or its products and brands, is contrary to law or otherwise inappropriate.
34. Loyalty New Zealand Limited's Fly Buys Membership Terms and Conditions and Air New Zealand Airpoints Terms and Conditions apply as appropriate and can be viewed at www.flybuys.co.nz and airnewzealand.co.nz respectively.
35. These Terms and Conditions are governed by New Zealand law and any dispute arising out of or in connection with them will be subject to the exclusive jurisdiction of the New Zealand courts.