TERMS AND CONDITIONS – GAME OF SKILL
Promotion: NINJA X A-LEAGUE INSTAGRAM GIVEAWAY
Promoter: SharkNinja New Zealand Ltd NZBN 9429046466167 of 74 Taharoto Road, Takapuna
Auckland, New Zealand, 0622. Phone number: 0800 112 660. Email: customerservice@ninjakitchen.co.nz
1.1 Information on how to enter and prizes, including the attached Schedule 1, form part of these Terms and Conditions (Terms).
1.2 By entering the Promotion, entrants acknowledge that they have read and understood these Terms and agree to be bound by them. Entries must be submitted in accordance with these Terms to be valid.
1.3 The Promotion is a game of skill competition, and chance plays no part in determining the winner.
1.4 Where there is inconsistency between Schedule 1 and clauses 1 to 17 of these Terms, the Schedule will prevail.
1.5 Capitalised terms used but not otherwise defined in these Terms and Conditions refer to the corresponding item headings in Schedule 1.
2. PROMOTION PERIOD
2.1 The Promotion Period will commence and conclude on the dates specified in item 2 of Schedule 1.
3. ELIGIBILITY
3.1 Entrants must meet the eligibility requirements set out in items 3 and 4 of Schedule 1, which include:
(a) the Eligibility Criteria; and
(b) the Permitted Number of Entries for each entrant during the Promotion Period.
4. HOW TO ENTER
4.1 An entrant must during the Promotion Period comply with the requirements for How to Enter, as set out in item 5 of Schedule 1.
4.2 All entries are deemed to be received at the time of receipt in the promotional database.
4.3 Each entrant is responsible for any expenses that they incur in relation to participating in the Promotion during the Promotion Period. An entrant will not be reimbursed for any costs incurred in the event of winning the Promotion other than as expressly set out in these Terms.
5.1 Each valid entry will be judged and each winner will be decided based on the criteria set out in item 10 of Schedule 1.
5.2 Chance plays no part in determining the winner.
6. PRIZES
6.1 Each winner will receive the Prizes set out in item 6 of Schedule 1.
6.2 The Total Number of Prizes and Total Prize Pool value is set out in item 8 and item 9 of Schedule 1.
6.3 The Promoter accepts no responsibility for any variation in the value of a Prizes. The components of a Prize may alter for reasons beyond the Promoter’s control.
6.4 All taxes (excluding GST, if any) which may be payable as a consequence of awarding or receiving a Prize are the sole responsibility of each Prize winner.
7.1 Each winner accepts the Prize in accordance with this clause 7 and the Prize Conditions set out in item 7 of Schedule 1.
7.2 Each Prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize, or any element of it, as stated. The Promoter reserves the right to substitute the Prizes in whole or in part for something of equal or greater value if any component of the Prizes is unavailable (subject to any applicable legislation).
7.3 Prizes are not transferable, deferrable, exchangeable or redeemable for cash or product. Unused portions of a prize will be forfeited.
7.4 If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won the Prize that the entrant has not complied with the entry requirements, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the relevant Prize.
8. NOTIFICATION OF PRIZE
8.1 The winner will be notified by the method set out in item 11 of Schedule 1.
8.2 If an entrant’s contact details change, it is the entrant’s responsibility to notify the Promoter in writing.
8.3 The names of each winner of a Prize will be published in accordance with item 12 of Schedule 1.
9. UNCLAIMED PRIZE(S) ALLOCATION
9.1 If for any reason an entrant selected as a winner cannot be contacted or is unable to accept any element of the prize or is disqualified from eligibility as the winner of the prize pursuant to these Terms, then that entrant will forfeit the prize in its entirety and a new winner may be selected in accordance with item 13 of Schedule 1. The Promoter reserves the right, in its sole discretion, to select an alternate entrant in accordance with these Terms to be the eligible winner of the applicable Prize.
9.2 The Promoter will use all reasonable efforts to contact an entrant selected as a winner but will not be liable to a winner who cannot be contacted or is disqualified from eligibility and therefore forfeits their prize and no correspondence will be entered into.
10. PRIZE DELIVERY
10.1 Prizes will only be delivered to addresses in New Zealand and will be sent by post to the address stated on the entry form (unless the entrant has notified the Promoter of a change to their contact details). Winner should allow 28 days for delivery of their Prize. Once prizes have left the Promoter's premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
11. PRIVACY
11.1 Privacy Statement. The Promoter is bound by the Privacy Act 2020 (Privacy Act). The Promoter collects entrants' personal information and may disclose such information to third parties (including but not limited to its agents, contractors, service providers, prize suppliers and related bodies corporate), in order to conduct, administer and publicise the Promotion. Winner’s names will be published in accordance with these Terms and Conditions. Some of the Promoter's agents, contractors, service providers, prize suppliers and related bodies corporate may be located outside of New Zealand and as a result the entrant's personal information may be disclosed overseas The Promoter manages personal information in accordance with the Privacy Act and the Promoter's Privacy Policy (available at Privacy policy – Ninja Kitchen New Zealand). The Promoter's Privacy Policy contains information about how entrants can access or seek correction of personal information that the Promoter holds about them. It also contains information about how entrants can make a privacy complaint and how the Promoter will deal with it.
11.2 By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services.
12. INTELLECTUAL PROPERTY
12.1 By entering the Promotion, each entrant warrants that their entry is their original work and does not infringe the intellectual property rights or any other rights of any third party. Each entrant agrees that, upon submission, all entries and any copyright or other intellectual property rights subsisting in the entries become the property of the Promoter (or, at the Promoter’s election, the Promoter is granted a worldwide, perpetual, irrevocable, royalty-free, and transferable licence to use, reproduce, modify, adapt, publish, communicate, and display the entry, in whole or in part, for any purpose in all media, whether now known or developed in the future, including for promotional, marketing, or publicity purposes, without compensation, restriction on use, attribution, or liability).
12.2 Entrants consent to the Promoter (and any person authorised by the Promoter) using their entry and any personal information provided in connection with the Promotion (including their name, likeness, and biographical information) for the purposes of conducting, promoting, and publicising the Promotion, including in New Zealand and overseas, without further notice, reference, or compensation to the entrants.
12.3 Entrants acknowledge that their entry may be published, communicated, or otherwise used by the Promoter in New Zealand and/or overseas, and agree to do all things and execute all documents required by the Promoter to give effect to this clause.
12.4 If requested by the Promoter, entrants must sign (or procure the signing of) any documentation required by the Promoter to confirm the Promoter’s rights under this clause, including any assignment or licence of intellectual property rights and any consents to use, publish, or adapt the entry.
13. LIMITATION OF LIABILITY
13.1 Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993, as well as any other implied warranties under the Commerce Act 1986 or similar consumer protection laws in New Zealand (“Non-Excludable Guarantees”).
13.2 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:
(a) any death, 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, the awarding or provision of any prizes, the use of any prizes or the marketing of the Promotion;
(b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(c) any theft, unauthorised access or third party interference;
(d) 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;
(e) any variation in prize value to that stated in these Terms;
(f) any tax liability incurred by a winner or entrant;
(g) taking/use of a prize; or
(h) participation in the Promotion.
13.3 The Promoter is not responsible for any problems or technical malfunction of any communication network or for any late, lost, corrupted or misdirected entries or other communications whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. All entries are deemed to be received at the time of receipt in the promotional database. Entrants acknowledge that the Internet is not a secure medium and that the Promoter is not responsible for the security of on-line entries.
13.4 A winner’s use of their Prize is entirely at their own cost and risk. Before any Prize is awarded, a winner may be required to sign an agreement to release the Promoter from, and indemnifying the Promoter against, any liability arising from the winner’s acceptance and use of the Prize and the winner’s participation in the Promotion, except to the extent any such liability is caused by a wrongful act or omission of the Promoter or any of its officers or personnel and without excluding, restricting or modifying any statutory right or remedy that cannot lawfully be excluded, restricted or modified. In the event a winner companion/s are 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.
14. PARENTS/ GUARDIANS
14.1 The Parent or Guardian of the entrant who agrees to these Terms:
(a) warrants that the entrant has complied with and will comply with these Terms; and
(b) will be jointly and severally liable with the entrant for, and indemnify the Promoter against any loss arising out of, relating to or in connection with, any breach of these Terms by the parent or guardian or the entrant.
15. CANCELLATION OF PROMOTION
15.1 If for any reason the Promotion is not capable of running as planned, including due to a computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion, subject to any written directions from any relevant regulatory authority applicable [insert State or Territory] regulations.
16. DISPUTE RESOLUTION
16.1 The Promoter’s decision on all aspects relating to the Promotion is final. However, the Promoter will consider any dispute concerning the conduct of the Promotion or claiming a prize and endeavour to resolve the dispute.
17.1 This Promotion is governed by and must be construed according to the law applying in New Zealand and entrants submit to the jurisdiction of the courts of New Zealand.
17.2 Each entrant must comply with these Terms. Each entrant indemnifies and will keep indemnified the Promoter in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Promoter as a direct or indirect result of the entrant acting inconsistently with or breaching any part of these Terms.
17.3 The Promoter reserves the right to disqualify any entries in its absolute discretion. For example, the Promoter may disqualify:
(a) any entrants or entries that tamper with, or attempt to tamper with the entry process;
(b) incomplete, indecipherable or illegible entries or entries containing false information or incorrect contact details;
(c) any entries containing material that is obscene, indecent, objectionable, defamatory, libellous or otherwise contravenes any applicable law or infringes any third party’s rights; and
(d) any entries that the Promoter considers inappropriate for any reason.
17.4 The Promoter reserves the right, at any time, to verify the validity of entries and the details provided by entrants and to disqualify any entrant who submits an entry that is not in accordance with these Terms. Errors and omissions may be accepted at the Promoter’s discretion.
17.5 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
17.6 The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the New Zealand Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
17.7 The Promoter’s decision on all aspects relating to the Promotion is final and no correspondence will be entered into.
17.8 If at any time a provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair:
(a) the legality, validity or enforceability in that jurisdiction of any other provision of these Terms; or
(b) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.
Schedule 1