TRADE PROMOTION TERMS AND CONDITIONS

Schedule to Conditions of Entry

Promotion Name

WIN AN ISUZU UTE (“The Promotion”)

Promoter

The Promoter is Nestlé New Zealand Limited, trading as Purina PetCare of 12-16 Nicholls Lane, Parnell, Auckland, New Zealand

Website

www.tux.co.nz/rural/promotions/

Promotional Period

The Promotion starts at 9.00am on 01/05/2017 and closes at 11.59pm on 30/06/2017

Entry Restrictions

Entry is open to residents of New Zealand who are aged 18 years and over who have a full drivers licence.

Entry Method

To enter, entrants must, during the Promotional Period:
1. Purchase a specially marked bag that displays a promotional sticker (either a 25kg bag of TUX Country or a 25kg bag of TUX Energy) (“Eligible Purchase”);

2. Peel back the promotional sticker to reveal the unique code from the TUX promotion product. Each promotional sticker will contain (1) one code that is located on its underside;

3. Go to the website tux.co.nz/rural/promotions, register your details and enter the unique code;

4. The Promoter will conduct a draw in accordance with Draw Details from all entries received during the Promotional Period to determine winners.

Maximum entries permitted

Multiple unique entries are permitted so long as each entry represents an Eligible Purchase. Each entrant can win only one (1) prize.

Draw Details

The draw will take place at Geometry Global, 22 Stanley Street, Parnell, Auckland at 11.00am on 03/07/2017. The draw is electronic and winners are selected at random. The first entrant drawn will be the Major Prize Winner. The following five (5) entrants drawn will each be a Minor Prize Winner.

Prize

Type: Major Prize

No. Available: 1

Details:

The Major Prize will consist of:
– An ISUZU D-MAX 2WD Double Cab Manual Ute with the following accessories: 20” Black Huff Allow wheels with All Terrain Tyres
– Tow Bar;
– Black Nudge Bar
– Under Rail Bed Liner Double Cab;
– Door Visor ;Carpet Floor Mats;

Vehicle to be provided with the following upon handover to winner:

·         5000km Road User Charges
·         12 Month Registration
·         Full Tank of Diesel
·         3 year / 100,000km warranty – whichever occurs first.

Value: $46,725.73 plus GST

Type: Minor Prize

No. Available: 5

The Minor Prize will consist of:
– The Minor Prize will consist of a DJI Phantom 4 Drone with Extra Battery.

Value: $2,179.00 each

Value of Prize Pool
Up to $57,620.73

Conditions of prize

As per conditions of entry. Prizes are not transferable and are not redeemable for cash.

MAJOR PRIZE:

The Major Prize will be supplied by ISUZU New Zealand. Handover of the vehicle will be completed at the retail outlet where the Eligible Purchase occurred. It is the responsibility of the winner to provide a valid NZ driver’s license to take ownership of the vehicle.

The Major Prize Winner will be required to sign further documentation prior to taking possession of the prize.

MINOR PRIZES:

The Minor Prizes will only be delivered in New Zealand and each winner should allow 28 days from prize winner determination for delivery of their prize.
Prior to taking possession of the Minor Prize, minor prizes winners will be required to:
(i) complete online training relating to safe operation of the drone; and
(ii) agree in writing to operate the Minor Prize safely in accordance with the laws of New Zealand, which include but not limited to Civil Aviation Rules.

Prize Winner Notification

Major and Minor Prize Winners will be notified by either telephone or email within 2 business days of being determined a winner.

Prize Winner Publication Details

The first name and suburb of the Major and Minor Prize Winners will be published on www.nestle.co.nz/productnewscompetitions/winners by 12/07/2017 at 5.00pm.

Prize Claim Date

All prizes must be claimed by 5.00pm on 12/08/2017. If any prize is not claimed by this time, the prize will be forfeited and the Promoter may determine an alternative winner.

Re-Draw, Prize Winner Notification and Publication Details

If required, the Promoter will conduct a further draw to determine prize winners at Geometry Global, 22 Stanley Street, Parnell, Auckland at 5.00pm on 15/08/17. The draw is electronic.

Special Conditions

The Promoter reserves the right to refuse to allow a winner to take possession of the prize if the Promoter determines, in its absolute discretion, is not able to safely use the Major Prize.

Conditions of Entry

  1. These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.
  2. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.
  3. Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.
  4. Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.
  5. Entry by SMS: Should the Promotion require an SMS entry, the cost of sending a text entry is the responsibility of the entrant and will not exceed their usual cost to send a text message.
  6. Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.
  1. Games of Chance: If more than one prize is offered for that draw, the prize with the highest value will be awarded first. If other prizes are available to be won in the Promotion, they will be awarded in descending value.
  2. Games of skill: All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.
  1. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency. Where the Promotion requires the purchase of a product(s), the Promoter reserves the absolute discretion to require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.
  2. Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.
  3. Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. The Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.
  4. Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner’s nearest capital city at the same time unless otherwise agreed by the Promoter & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion.
  5. Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.
  6. Vehicle: The Major Prize is a vehicle and includes a full tank of diesel and 3 year /100,000 kms warranty – whichever occurs first, 12 month registration and 5000km road user charges. Any other costs such as insurance and additional optional extras (eg: signwriting, extended warranty) are the responsibility of the winner.
  7. Standard Prize Restriction: All prizes, unless stated to the contrary the prizes are not transferable.
  8. Prize Value: Prize value is correct at time of printing, but no responsibility is accepted for any variation in the value of any prize.
  9. Prize Delivery: The Major Prize will be available for collection from the store where the Eligible Purchase occurred. Minor Prizes will only be delivered in New Zealand and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated New Zealand bank account details for their prize money to be deposited.
  10. If a prize winner is unable to take possession of the prize: The Promoter may in their discretion allow the winner to nominate an individual who can take possession of the prize on their behalf to hold it on trust for them until such a time that they are able to take possession.
  11. If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within New Zealand. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.
  12. Consumer Guarantee: Each prize winner should look to the manufacturer of products and provider of services awarded as prizes for all warranties. However, these terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Consumer Guarantees Act 1993 [NZ] where to do so would contravene that statute or cause any part of these terms and conditions to be void.
  13. Tampering: The Promoter reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation future promotions of the Promoter.
  14. Risks: The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a winner (and their companions) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion. The Promoter reserves the right to refuse to allow a winner (and their nominated companions) to take part in any or all aspects of a prize if the Promoter determines, in its absolute discretion, that a winner (and/or their nominated companions) are not in the mental or physical condition necessary to be able to safely participate.
  15. Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.
  16. Publicity: Winners may be required to participate in a follow-up interviews and publicity. By entering the Promotion and claiming a prize, the winner agrees that the Promoter may use their name, image and photograph/s for publicity and Promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.
  17. Entry Content: In relation to any entrant, the Promoter may use their entry content, name, likeness, images, photograph/s, film and sound recordings and any other material created during their participation in the Promotion for publicity and promotion purposes for an unlimited time throughout the world, without compensation, in any media, social media, advertising and/or promoting any goods or services of the Promoter.
  18. Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third party. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.
  19. Liability: The Promoter is not liable for any loss or damage whatsoever which is suffered, including, but not limited to, indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
  20. Disruptive, abusive, unsuitable entries: The Promoter may determine invalid all entries by an entrant and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent misleading and deceptive conduct.
  21. Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.
  22. Promoters Decisions: All decisions of the Promoter are at their complete discretions and are final. No correspondence will be entered into.
  23. Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or Twitter from any and all liability relating to the Promotion.
  24. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting nestle.co.nz or calling 0800 830 840.