Up & Go Kicks Promotion - Terms and Conditions
- Terms and Conditions: Information on how to enter and prizes form part of these Terms and Conditions. Entry into this promotion is deemed acceptance of these terms & conditions.
- The Promoter is Frucor Suntory NZ Ltd, 86 Plunket Avenue, Wiri, Manukau, Auckland, New Zealand.
- The promotion is only open to New Zealand residents who are aged 18 years or older and who are registered members of the New Zealand FlyBuys programme or Air New Zealand’s 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 FlyBuys, Air New Zealand or Loyalty New Zealand are also ineligible to enter. The Promotor 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.
- The promotion commences at 12.01am on Monday 15th April 2019 and closes at 11.59pm on Sunday 12th May 2019 (“Promotional Period”).
- Entrants will receive one (1) automatic entry in the prize draw when they purchase any UP & GO branded products (“Qualifying Products”) from a participating Z Service Station (“Participating Store”) in one transaction during the Promotional Period, and swipe a FlyBuys card or an Airpoints card at the time of purchase (“Qualifying Purchase”).
- You may enter as many times as you like provided that each entry is through a separate purchase of two of the Qualifying Products in one transaction.
- There are ten (10) prizes of Stirling Sports Gift Vouchers or Rebel Sport Vouchers with a value of $300.00 (including tax). The winner is able to select which voucher they prefer. The prizes are not transferable, changeable or redeemable for cash.
- The ten (10) winners will be drawn by random selection from all valid entries received during the Promotional Period at 12.00pm on Monday 13th May 2019 at the offices of Z Energy, 604 Great South Road, Greenlane, Auckland The first ten (10) eligible entrants drawn will each win a prize.
- Each winner will be the person listed as the primary cardholder on the winning FlyBuys or Airpoints account (regardless of who made the Qualifying Purchase). Neither the Promoter, Z Energy Ltd, NZ Loyalty nor Air New Zealand will be responsible in any way for any disputes arising as a result of entries being submitted by persons other than the primary card holder.
- In the event that a winner is under 18 years old, the prize may be awarded to that Winner’s parent or guardian, in the sole discretion of the Promoter.
- The winners will be contacted by phone to the phone number listed on the nominated FlyBuys or Airpoints accounts associated with the winning entries. Entrants should ensure their contact details on their FlyBuys or Airpoints Membership or FlyBuys or Airpoints accounts are current and correct.
- If a winner cannot accept or take part in the prize for any reason, their prize will be void and no compensation will be payable.
- The Promoter may draw additional reserve entries and record them in case an invalid entry or ineligible entrant is drawn, the prize is forfeited, or if the Promoter is unable to contact the winner within seven days of the prize draw, having made reasonable attempts to do so.
- In the event that the prize or any part of the prize becomes unavailable for any reason beyond the Promoter’s control, the Promoter may in its sole discretion decide to provide an alternative prize.
- Except for any liability that cannot be excluded by law, the Promoter (including its officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising and promotional agencies), 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, including, but not limited to, where attributable to any of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorized access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected ; (d) any variation in the prize; (e) any tax liability incurred by a claimant or entrant; or (f) use of or participation in a prize.
- The Promoter’s decision is final on all matters and no correspondence will be entered into.
- 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.
- The Promoter reserves the right to disallow entries in its absolute discretion and without giving reasons.
- The Promoter reserves the right, at any time, to verify the validity of the Winner’s 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.
- Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Acceptance of a prize is deemed consent for the Promoter to use the Winner’s name, photograph and likeness for promotional and media purposes without compensation, and any copyright will vest in the Promoter. Winners agree to make themselves reasonably available for this purpose.
- The Promoter and its agents collect and hold personal information provided with each entry to be used for the purposes of the promotion and in particular to notify the winners and to verify the identities of the winners. Failure to provide requested personal information may disqualify a person from being able to receive a prize. All personal information provided by entrants will be held at NZ Loyalty, or at such other place as is notified to the entrant on request. Under the Privacy Act 1993, entrants have the right to access and request correction of their personal information and may do so by sending an email to email@example.com
- 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.
- Once dispatched and awarded to a winner, the Promoter is not liable for any prize that has been lost, stolen, late, damaged, defaced or tampered with in any way.
- 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 or Airpoints system.
- 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.
- 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.
- 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 winners. The Promoter will not be liable for any loss or damage arising from any inaccuracy in data provided by Z Energy Limited.
- The Promoter reserves the right to draw an alternate winner if the Promoter determines in its sole discretion that a winner does not comply with these Terms and Conditions of Entry or where the Promoter has reasonable grounds to believe a winner will not comply with these Terms and Conditions of Entry.
- 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.
- 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:
a) fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
b) 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);
c) submits an entry which in the Promoter's opinion is not in accordance with these Terms and Conditions;
d) acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person;
e) engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading or deceptive; or
f) 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.
33. 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.
34. 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.