
Fly Buys Promo - Terms and Conditions of Entry
- These Terms and Conditions of Entry relate to the Flybuys New World 'CalciYum SpongeBob' promotion ("Promotion").
HOW TO ENTER
- Buy any (1) product from the CalciYum ice milk multipack range ("Eligible Purchase") in a single transaction from a participating New World supermarket where this Promotion is displayed and present your Fly Buys Card to the checkout operator (or swipe your Fly Buys Card at the self scanning checkout when prompted when completing a purchase) to be automatically entered into the relevant prize draw ("Prize Draw") and be in to win a SpongeBob prize pack.
- This Promotion commences on 17 October 2011 and closes on 13 November 2011 ("Promotion Period").
PRIZE DETAILS
- There are a total of 3 prizes to be won in each New World region in this Promotion; 3 prizes for the New World Auckland region, 3 prizes for the New World Wellington region and 3 prizes for the New World South Island region for the entire Promotion Period (there are 9 prizes to be won in total).
- Each winner will receive an Xbox 360 console, Kinect sensor and SpongeBob Squarepants Game (RRP $558.00 (inc GST)) ("Prize").
- If the 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.
- The Prize value is correct at the time of printing these Terms and Conditions of Entry, but the Promoter accepts no responsibility for any variation in the value of the Prize.
ENTRY
- Entry into this Promotion deems acceptance of these Terms and Conditions of Entry.
- Entry is not limited and an entry will be awarded for every Eligible Purchase made during the Promotion Period. (For example, if four products from the CalciYum ice milk multipack range are purchased at the same time, the entrant will receive four entries in to the Prize Draw.)
- This Promotion is only open to "Eligible Entrants", being individuals who:
- are 14 years of age or older on the date of purchase;
- hold a valid Fly Buys card;
- are residents of New Zealand at the start of the Promotion Period;
- are not employees of the Promoter or any of its related corporations or any of their agencies associated with this Promotion; and
- are not a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee, and anyone else professionally connected with this Promotion.
- A Prize will be awarded to the Eligible Entrant provided that he/she is the person whose name appears on the valid Fly Buys card. No other individual is eligible to claim the Prize.
- In the event of an Eligible Entrant's mobile or landline number changing or the mobile phone being lost, stolen or damaged, the Promoter is not able to retrieve and amend any existing entries to a new mobile or landline number.
PRIZE DRAW DETAILS
- There will one Prize Draw for each New World Region upon completion of the Promotion Period. Each Prize Draw will be randomly drawn and independently supervised.
- The Promoter will attempt to contact the winners of the Prize Draw within 10 business days (Monday to Friday) after the Draw, by the telephone number and/or mail using the details listed on the Fly Buys database as at 5.00pm on 18 November 2011. Entrants should ensure that their personal details on the Fly Buys database are correct. If the Promoter is unable to contact the winner of the Prize after a period of 10 business days (Monday to Friday) following the Prize Draw, having made reasonable efforts to do so, that winner's entry will be declared invalid and the Promoter reserves the right to randomly draw a new winner of that Prize from the Eligible Entrants on the same terms and conditions as the original draw.
- Prior to receiving the Prize and being declared a winner, the winner may be required to:
- show proof of identity, for example, their passport or driver's licence; and
- sign a Participation Agreement, confirming acceptance of these Terms and Conditions, accepting the terms and conditions relating to the use and enjoyment of the Prize and releasing the Promoter and its related companies and each of their officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising and promotional agencies from any and all liability in connection with the Promotion and/or the Prize.
- If the Participation Agreement is not signed and returned to the Promoter within five business days (Monday to Friday), the Prize will be forfeited.
- The Prize is not transferable or exchangeable and cannot be taken as cash.
- The Prize Winner should allow 15 business days (Monday to Friday) for delivery of their Prize. The Promoter is not responsible for any Prize that is lost or does not otherwise arrive. As the Prize is provided to the Promoter by a third party, the winner consents to the Promoter providing the third party with his/her name, address and other relevant details to enable the dispatch of the item to the winner.
GENERAL
- The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions of Entry or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Incomplete, indecipherable or illegible entries will be deemed invalid.
- The Promoter's decision is final and no correspondence will be entered into.
- Promotional materials (including labels) are void if stolen, forged, mutilated or tampered with in any way.
- If, for any reason, the administration, security, fairness, integrity, conduct or operation of this Promotion is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses, unauthorised intervention, fraud or technical failures), the Promoter reserves the right in its sole discretion, to the fullest extent permitted by law:
- to disqualify any entrant; and/or
- to cancel, terminate, modify or suspend or recommence this Promotion, as appropriate (including withholding any prizes).
- Any person suspected of cheating in the opinion of the Promoter through the manipulation of entry, creation or use of software to aid in multiple entries and otherwise fraudulently falsifying data or acting in any way fraudulent, in the opinion of the Promoter, will be removed from the promotion and damages may be sought.
- The Promoter takes no responsibility for lost, damaged, misdirected, late or illegible entries, incorrect or inaccurate transcription of entry information, for system failures at the handling house, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access telecommunications network services, or any other error or malfunction. Neither can the Promoter be held responsible for the failure to fulfill the obligations of any of the third parties involved in this Promotion, although the Promoter will always endeavour to minimise the effect to the entrants of any such failure.
- 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 this Promotion, including, but not limited to, where attributable to any of the following:
- any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
- any theft, unauthorised access or third party interference;
- 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;
- any variation in Prize value to that stated in these Terms and Conditions of Entry; or
- use of a Prize.
- Winners take the Prize entirely at their own risk.
- All entries remain the property of the Promoter.
- Eligible Entrants consent to the Promoter, New World Auckland Limited, New World Wellington Limited and New World South Island Limited, using his/her 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.
- The Promoter collects Eligible Entrants' personal information in order to conduct this Promotion. If the information requested is not provided, the Eligible Entrant may not participate in this Promotion. All personal information provided by winners will be held on behalf of the Promoter by Apollo Marketing Group Limited at Level 4, 165 The Strand, Parnell, Auckland 1010, New Zealand or such other place as is notified to the Eligible Entrant on request. Under the Privacy Act 1993, Eligible Entrants have the right to access and correct their personal information. A request to access, update or correct any information should be directed to the Promoter at the address set out below. The Promoter will destroy all personal information once the Prizes have been claimed and this Promotion closes.
- The Promoter reserves the right to cancel or amend this Promotion due to events arising beyond its control. The Promoter is not responsible for any third party acts or omissions.
- The Promoter reserves its right to modify these Terms and Conditions of Entry at any time for any reason. You agree that you will be bound by such changes and that you will not hold the Promoter liable for any losses resulting from any such changes.
- These Terms and Conditions of Entry are governed by, construed in accordance with, the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
- For further assistance or queries regarding this Promotion please call the Consumer Helpline on 0508 276 556.
- The Promoter is Fonterra Brands (Tip Top) Limited, PO Box 722, Shortland Street 1140, New Zealand.