Gift promotion terms

Glossary

Eligible Promotion

This means a promotion in which the Recipient will receive a Gift, subject to these Terms and the Promotion Specific Terms

Gift

This means the gift or complimentary service awarded to the Recipient as part of the Eligible Promotion as described in the Promotion Specific Terms

Limited Run

This means a limited volume of a Gift is available during the Promotion Period

Participent or “you”

This means any individual who participates in the Eligible Promotion

Promoter or “we” or “our”

This means Tuatahi First Fibre Limited, 11 Ken Browne Drive, Te Rapa Hamilton (Company Number 3226213) or an agent acting on its behalf who manages the Eligible Promotion

Promotion Period

This means the time and date period in which a Recipient may enter the Eligible Promotion as set out in the Promotion Specific Terms

Promotion Specific Terms

This means any terms and conditions specific to the Eligible Promotion that apply in addition to these Terms and are published as part of the Eligible Promotion

Recipient

This means the individual who has met the eligibility criteria to be awarded the Gift in accordance with these Terms and any Promotion Specific Terms

Eligibility

• The Recipient enters the Eligible Promotion in accordance with these Terms and any Promotion Specific Terms.
• To participate in the Eligible Promotion, the Participant must:
  — be aged 18 years or older (as at the commencement of the Promotion Period);
  — be resident in New Zealand; and
  — meet any other conditions or requirements set out in the Promotion Specific Terms.
• Unless otherwise stated in the Promotion Specific Terms, the Recipient may only enter the Eligible Promotion once and additional entries submitted by the Recipient will be deemed invalid
• Entries for the Eligible Promotion must be received by the Promoter within the Promotion Period. The Promotion Period will close at 23:59 on the specified end date.
• Any entry that:
  — is received outside of the Promotion Period; and/or
  — has not been submitted in accordance with these Terms and Promotion Specific Terms; and/or
  — is otherwise incomplete, incorrect, or illegible will be deemed invalid, at the absolute discretion of the Promoter.
• Entries are accepted at the time of receipt by the Promoter. The Promoter is not liable for any entries not received for any reason.
• The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries
• Employees, directors and contractors of the Promoter, its related companies or any agencies participating in the Eligible Promotion and their immediate families cannot be a Participant.
• In the event of any inconsistency between these Terms and any Promotion Specific Terms, the Promotion Specific Terms shall prevail to the extent of the inconsistency. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Gifts

• The Promotion Specific Terms will include:
  — What a Recipient must do to take part in the offer;
  — A description of the Gift, including its value; and
  — The way the Gift will be issued to a Recipient.
• Where the Promotion Specific Terms specify that the Gift is a Limited Run:
  — The total number of the Gifts available will be set out in the Project Specific Terms;
  — The Gift will be available on a ‘first come, first served’ allocation;
  — The Eligible Promotion will end at the earlier of the end date of the Promotion Period; or when all Gifts have been allocated.
• The Promoter is not responsible for any variation in the value of a Gift.
• The Recipient shall be contacted via the contact details provided at the time of entry.
• The Gift must be taken as offered, cannot be redeemed for cash and is neither transferable nor exchangeable, except at the Promoter’s sole discretion.
• Subject to any applicable law, if for whatever reason a Gift is unavailable, the Promoter reserves the right to substitute it for a Gift of equal or greater value.
• The Promoter reserves the right to forfeit a Gift where, after three (3) attempts, the Promoter has been unable to contact the Recipient.
• If the Recipient does not accept the Gift, the Gift will be forfeited.
• The Promoter is not liable for any Gift that may be lost, stolen, forged, damaged, or tampered with in any way after it leaves our possession.
• The Promoter’s decision is final, and no correspondence will be entered into.

Eligible promotions and Prezzy Cards

• The Participant acknowledges that the Eligible Promotion is in no way sponsored, endorsed, or administered by, or associated with Prezzy Card or any retail service provider. ‘Prezzy Card’ is a registered trademark of Kiwibank Limited. Standard Prezzy Card terms and conditions apply, see prezzycard.co.nz/terms-and-conditions for more details.
• The Participant acknowledges that the Eligible Promotion is in no way sponsored, endorsed, or administered by, or associated with any retail service provider. Any fees or charges from broadband service providers (including but not limited to modems, routers, postage and packaging of broadband equipment, over-the-top services, landlines or mobile charges, and early termination fees) or relating to any pre-wiring or electrical works required at your premises in order to provision the fibre broadband service do not form part of the Eligible Promotion and we are not liable to you or any other person in relation to such fees or charges.

Eligible promotions run via social media platforms

• If the Eligible Promotion is promoted on or requires entry via Tutahi First Fibre’s Facebook, Instagram, Twitter and/or LinkedIn page, the Participant:
  — acknowledges that the Eligible Promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook, Instagram, Twitter and/or LinkedIn; and
  — completely releases Facebook, Instagram, Twitter and/or LinkedIn from any and all liability associated with the Eligible Promotion.
• The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to a Participant’s or any other person’s mobile handset, or computer related to, or resulting from, participation in the Promotion or the downloading of any materials related to the Promotion.

Use of Recipient created content

• If the Eligible Promotion requires the Participant to submit and or send materials as part of an entry (including, but not limited to comments, recordings, and images) (Content), the following applies:
  — the Participant licences and grants to the Promoter a non-exclusive, royalty-free perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, and display such Content for any purpose related to the Eligible Promotion, in any media, without compensation, restriction on use, attribution or liability.
  — the Participant agrees to waive any moral rights that exist in the Content.
  — the Participant agrees that they are fully responsible for the Content they submit and will not submit any Content that is unlawful, fraudulent, or otherwise unsuitable for publication.
  — the Participant warrants that it has the full authority to grant the rights contemplated by this clause and has obtained prior consent from any person that appears in the Content.
• The Promoter reserves all rights to refuse to accept Content that it deems (in its sole discretion) to be in breach of any intellectual property rights of a third party, is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin, culture, or gender or is not suitable for children under 13 years of age.

Use of Personal Information

• By entering an Eligible Promotion, the Participant agrees that the Promotor may use the Participant’s personal information:
  — to carry out the Eligible Promotion, including determining and notifying the Recipient(s);
  — to provide the Gift to the Recipient, including, where required, disclosing that information to the supplier or sponsor of the Gift and/or regulatory authorities; and
• All personal information will be collected and stored in accordance with the Privacy Act 2020 and the Promoter’s Privacy Statement located at here.

General

• The Promoter reserves the right, at any time, and in its sole discretion to:
  — verify the validity of an entry and/or Recipient; and/or
  — require a Recipient to provide proof of identity and/or proof of valid entry; and/or
  — disqualify any Recipient who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardise the fair and proper conduct of the Eligible Promotion.
• If for any reason the Eligible Promotion is not capable of running as planned the Promoter reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Eligible Promotion.
• To the extent permitted by law, the Promoter:
  — excludes all warranties in relation to the quality, suitability, or merchantability of a Gift except where such exclusion cannot apply at law;
  — will not be liable for any loss (including indirect and consequential loss) or damage or personal injury suffered or sustained in connection with the Eligible Promotion including the supply of goods or services by any person to the Recipient, and where applicable to any persons accompanying the Recipient; and
  — accepts no responsibility for any tax liabilities that may arise from receiving the Gift.
• These Terms and the Promotion Specific Terms are governed by the laws of New Zealand.
  
  END OF TERMS