Purchase any NIVEA Sun Care Product, scan your Clubcard to go into the draw to WIN a Sun Beach Pack.
1. Information on how to enter the NIVEA Sun Essentials Beach Kit Promotion (Promotion) and prizes form part of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other published materials, these Terms and Conditions will prevail. By participating in this Promotion you accept these Terms and Conditions. Entries not made in accordance with these Terms and Conditions will be disqualified.
2. To participate in the Promotion you must be a New World Clubcard member. New World Clubcard terms and conditions apply in addition to these Terms and Conditions and can be viewed at http://www.clubcard.co.nz.
3. The Promoter is Foodstuffs (NZ) Ltd, Level 8, 45 Johnston Street, Lambton Quay, Wellington 5401, and Beiersdorf Australia Ltd (trading as Beiersdorf New Zealand), Level 2/25 Teed Street, Newmarket, Auckland 1023 (together, the Promoter).
4. This Promotion is open to New Zealand residents only who are New World Clubcard members with their membership details correct and up to date (Entrants). Entrants under the age of 18 may only enter with the consent of their parent or their legal guardian and acknowledge that the prize will be registered in the name of that parent or legal guardian. Employees or directors of the Promoter and the Promoter’s agencies associated with this Promotion and their immediate families are ineligible to enter.
5. This Promotion commences on 5 November 2018 and entries close at close of trade of the relevant Store (as defined in clause 10) on 9 December 2018 (Promotion Period). Entrants acknowledge that the Stores each have different closing hours and it is up to each Entrant to enter the Promotion as described in clause 7 before the closing of their chosen Store.
6. This Promotion is a game of chance.
7. To enter, Entrants must, during the Promotion Period, purchase any NIVEA Sun product, excluding NIVEA Sun Lipcare (Promotional Product) from any New World supermarket and scan your valid New World Clubcard at the time of payment.
8. Entry is not limited per transaction. There is one (1) entry into the Prize Draw for each Promotional Product purchased.
9. The Promoter will not consider entries not completed in accordance with these Terms and Conditions or received after the Promotion Period has ended. Incomplete or incomprehensible entries will be disregarded. The Promoter accepts no responsibility for late, lost or misdirected entries.
10. The prize is one (1) NIVEA Essentials Beach Kit (Prize). Each Prize contains one (1) of each of the following items:
(a) a NIVEA inflatable beach lounger;
(b) a waterproof universal mobile phone cover;
(c) a NIVEA beach mat;
(d) a NIVEA beach towel; and
(e) a waterproof beach bag.
There are one hundred and thirty nine (139) Prizes to be won. There is one (1) Prize per New World store to be won. There are currently one hundred and thirty nine (139) New World stores (Stores).
Each Prize is valued at $185.00 RRP including GST. The total Prize pool value is $25,715.00 RRP including GST.
11. Prizes are not transferable or exchangeable and cannot be taken as cash. Where a Prize (or part of a Prize) is unavailable for any reason, the Promoter reserves the right to substitute that Prize (or part of that Prize) with another prize of equal value or specification, subject to any necessary approval of the relevant gaming authorities. Winners (as defined in clause 12) will be notified accordingly. The Promoter will not be liable for any changes to the value or make up of products offered as a Prize.
12. The Prize draw will be conducted on 7 January 2019 at Loyalty New Zealand Ltd, located at Level 1, 130 Ponsonby Road, Ponsonby, Auckland, New Zealand (Draw).
The winners (Winners) will be the first name randomly drawn by electronic selection from all valid entries from each Store. Back-up winners (Back-up Winners) will be drawn after the Winners are selected, and will be the next names randomly drawn by electronic selection from all valid entries from each Store.
13. The Promotor’s decision is final and no correspondence will be entered into.
14. The Winners will be notified by telephone and/or mail within five (5) days of the Draw using the details listed on the New World Clubcard database. Winners must confirm their acceptance of a Prize on the telephone call from the Promoter or by return mail where they have been notified by mail. Entrants should ensure that their personal details on the Clubcard database are correct.
15. If for any reason a Winner does not take a Prize (or part of a Prize) as stipulated by the Promoter, the Winner will forfeit that Prize (or part of a Prize) and cash will not be awarded in lieu of that Prize (or part of a Prize).
16. In the event a Winner cannot be contacted or has not indicated their acceptance within ten (10) days of the Draw, the Prize will be allocated to the Back-up Winners in the order in which they are drawn. Back-up Winner(s) will be notified by telephone and/or mail using the details listed on the Clubcard database and must indicate their acceptance as described in clause 14.
17. Winners must collect their Prizes from a specified Store within twenty eight (28) days. If a Winner is unable to collect from the specified Store within the stated period and no arrangement has been made between the Promoter and the Winner, then the Prize will be forfeited and another Winner drawn on the same term and conditions as the original Draw within one month after the expiry of the 28 day period.
18. The Winners consent to the use of their name, and agree to make themselves available, for reasonable promotional and publicity purposes.
19. The Promoter and its agencies and companies associated with this Promotion take no responsibility for Prizes damaged, lost or stolen in transit. The Prize will not be replaced if lost, stolen or damaged.
20. All ancillary costs or requirements associated with the Prizes are the Winner’s sole responsibility.
21. The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Winners should seek independent financial advice in relation to any tax payable in relation to the Prize.
22. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant invalid if the Entrant:
(a) fails to establish his/her entitlement to enter this Promotion to the satisfaction of the Promoter;
(b) tampers with the entry process or benefits from such tampering; or
(c) submits an entry that is not in accordance with these Terms and Conditions.
The Promoter also reserves the right, at any time, to verify the validity of entries and Entrants’ details (including an Entrant’s identity, age and address). The Promoter may accept errors and omissions at its discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
23. If there is a dispute as to an Entrant’s identity, the Promoter reserves the right, at its sole discretion, to determine the Entrant’s identity.
24. Nothing in these Terms and Conditions limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees under the Consumer Guarantees Act 1993, as well as any other implied warranties consumer protection laws (Non-Excludable Guarantees). Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 or in relation to this Promotion.
25. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible, and 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 or in relation to: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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 Promoter’s reasonable control; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an Entrant or Winner; or (f) use of the Prize.
26. It is a condition of accepting the Prize that the Winner must comply with all the conditions of use of the Prize and the Prize supplier’s requirements.
27. In consideration of their participation in this Promotion/the Prize, Entrants/Winners grant the Promoter, its respective affiliates and licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to reproduce, publish, communicate, modify and adapt their entry for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants/Winners agree not to assert any moral rights in relation to their entry and warrant that they have the full authority to grant these rights.
28. Each Entrant agrees that he/she is fully responsible for his/her entry. To the full extent permitted by law, the Promoter excludes any liability in relation to entries submitted under this Promotion. The Promoter may remove any entry without notice for any reason whatsoever.
Entrants warrant and agree that:
(a) they will not submit any entry that is unlawful or fraudulent, or that may breach any intellectual property, privacy, publicity or other rights, or that may be defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) they will obtain full prior consent to the uses contemplated in these Terms and
Conditions from any person who has jointly created or has any rights in relation to the entry;
(c) their entry does not contain viruses or cause injury or harm to any person or entity;
(d) any person whose personal information, including any image included in a photograph or visual recording included in their entry is a person with whom the Entrant has a direct family or friendship relationship, and has consented to the use of his/her image and/or information for and in connection with this Promotion. If the person is under 18 years of age, the person’s parent or legal guardian has provided that consent; and
(e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other term in these Terms and Conditions, Entrant agrees to indemnify and keep indemnified the Promoter for any breach of the terms above.
29. The Promoter collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities. It is a condition of entry that Entrants provide the personal information requested and consent to the use of their personal information as specified in these Terms and Conditions. If an Entrant does not provide the information and consent required, that Entrant’s entry will be invalid. The Promoter may, for an indefinite period, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Entrant may opt out of receiving further communications of this nature from the Promoter by contacting the Promoter. Entrants should direct any request to access, update or correct information by writing to the Privacy Officer at each company defined as the Promoter at the addresses set out in clause 3.
30. Entrants consent to the Promoter using their name, likeness, image and voice (including photograph, film and recording of the same) in any media worldwide 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.
31. If for any reason this Promotion cannot run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the Promoter’s control corrupting or affecting the administration security, fairness or integrity or proper conduct of this Promotion, the Promoter can, at its sole discretion, take any action that may be available, and cancel, terminate, modify or suspend this Promotion, subject to any applicable laws and regulations.
32. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.