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Mini Warriors Snack Bites

5 x $100 FARMERS VOUCHER PROMOTION

TERMS AND CONDITIONS OF ENTRY

Promoter

 

Nutricia Limited
Terms binding Information on how to enter and the prize pool forms part of these conditions of entry. By entering into this Promotion entrants agree to be bound by these conditions.
Game of Chance

 

This Promotion is a game of chance.
Who is eligible

 

The Promotion is open to all New Zealand residents who sample Mini Warriors Snack Bites and provide a completed feedback form at the Promoter’s website to go into the Prize Draw. Employees of the Promoter or any agency involved with this promotion, and the immediate families of such employees, are not eligible to enter.
How to Enter During the Promotional Period, participants may enter by completing the feedback form at the Promoter’s website, by going to the Promoter’s website directly or scanning a QR code that takes the participant to the Promoter’s website. 

Multiple entrants from a single household may provide feedback by completing the feedback form, however only one entry per household is eligible to win one Prize. 

Multiple entries bearing the same IP address will be treated as a single entry for the purposes of the Prize Draw.

Promotional Period The promotion commences 0:01am 9 November 2020 and closes 11:59pm 10 January 2021 (“Promotional Period”).
Prize Pool, Prize Draw, and Delivery

 

The total Prize Pool is $500 comprising five x $100 vouchers from Farmers.   The Prize Draw will take place at 15:00pm on 11 January 2021. The winners of the Prizes will be determined at the absolute discretion of the Promoter.

The winners will be notified by phone and/or by email by no later than 11:59pm on 17 January 2021 using the details provided on their feedback form. 

The Promoter will attempt to notify each winner by phone and by email provided at least three times after the prize draw.

If a winner from the original prize draw cannot be successfully notified by 31 January 2021 (i.e. fails to respond to phone call and/or email), then the Promoter will redraw an alternative winner from the remaining valid entries on 1 February 2021 on the same terms as the original draw.  The alternative winner will be notified by phone and/or by email by no later than 11:59pm on 14 February 2021.

On successful notification of a winner (or an alternative winner), they will be sent the Farmers voucher to their preferred address in New Zealand. The winner should allow 28 days from the Prize Draw for delivery of their voucher.

In the event that the prize item is unavailable despite the Promoter’s reasonable endeavours, the Promoter reserves the right to substitute a different prize item of equal or greater value. Prize is not transferable and may not be exchanged for cash.

General The Promoter’s decisions are final, and no correspondence will be entered into.

The Promoter reserves the right to vary any of the terms of entry applying to this promotion or to modify, terminate, suspend or reschedule this promotion. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process, including for submitting an entry that is not in accordance with these terms and conditions.

New Zealand Consumer Law

 

These terms and conditions do not exclude or limit the application of any statutory provision where to do so would contravene that statute or cause any part of these terms and conditions to be void.
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.

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 parties. 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.
Disruptive, abusive, unsuitable entries The Promoter may determine all entries invalid 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.
Liability The Promoter is not responsible for late or misdirected entries and takes no responsibility for any entries not correctly lodged. Except for any liability that cannot be excluded by law, the Promoter (including their officers, directors, shareholders, related companies, employees, advisors, assignees, agents, licensees, representatives, advertising and promotional agencies), exclude all liability (including negligence), for any loss, damage (including loss of opportunity) or personal injury, whether direct, indirect, special or consequential, arising in any way out of or in connection with this promotion, including but not limited to, where attributable to any of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected ; (d) any variation in the prize; (e) any tax liability incurred by a claimant or entrant; or (f) use of a prize. 

As a condition of participating in the promotion, the winner and their chosen prize participants indemnify and hold the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with this promotion harmless against all claims, damages, liabilities, costs and expenses (including costs on a solicitor-client basis) arising out of the participation by the winner or any prize participant in the promotion and/or participating in the prize, howsoever caused.

The Promoter is not responsible for the receipt of any incorrect information associated with entries, either caused by user error or any equipment or programming malfunction associated with the promotion.

Privacy and Collection of Personal Information All entries remain the property of the Promoter.

The Promoter collects and holds personal information provided by entrants solely for the purposes of this promotion. We may provide this information to our third-party service provider acting on our behalf to provide associated support such as monitoring the promotion. When the Promoter no longer needs the personal information for this purpose, it will take all reasonable and practicable steps to de-identify or destroy the information in a secure manner.

Failure to provide requested personal information may disqualify a person from being able to receive a prize. Under the Privacy Act 1993, entrants have the right to access, request correction or complain about the handling of any such personal information, and may do so by sending an email to privacy.oceania@danone.com.

 

For more detail on how the Promoter will respond to such requests, please refer to our full privacy policy here: http://www.miniwarriors.co.nz/privacy-policy/

Governing Law These terms and conditions are governed by the laws of New Zealand.

Terms & Conditions

By accessing this Site you accept the Terms of Use governing this Site.

If you do not agree with these Terms of Use, you must immediately cease using this Site.

All content on this Site (including these Terms of Use) is subject to change at any time. Any amendment to these Terms of Use will take effect on the posting of the updated terms on this Site.

1. About our Terms of Use

1.1. The Terms of Use governing this Site consist of:

1. these Terms and Conditions; and

2. our Privacy Policy

In the event of an inconsistency between the documents listed above, precedence is given to terms contained in the document which is listed first.

1.2. In these Terms and Conditions:

  1. “we”, “us”, “our” or ” Nutricia” refers to Nutricia Australia Pty Limited 99 076 246 752 (including our employees and agents) and our affiliates and related entities (including their employees and agents);
  2. “you” or “your” refers to anybody accessing this Site.

2. Site is intended for use in Australia only

2.1. This Site is intended for the use of Australian residents only and is governed by and complies with the laws and regulations of New South Wales, Australia.

2.2. You agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute about or arising under the Terms of Use.

2.3. If you are visiting this Site from outside Australia, we make no representations as to the compliance of our Site with the laws of other jurisdictions.

3. Use of the Site

3.1. You must not use this Site or any of our services:

  1. for any reason or purpose which is unlawful, defamatory, harassing, harmful, abusive, invasive of another’s privacy or otherwise objectionable;
  2. in a manner which would harm or disrupt this Site or any of our services, or others’ enjoyment of them;
  3. to transmit viruses or other things which could damage or disrupt computers or telecommunications equipment;
  4. to offend others or harm our business; or
  5. to engage in any commercial activity of any form.

4. Content on this Site

4.1. While we attempt to ensure information is accurate and current, the information is not reviewed by medical experts and it may not be appropriate for you and your circumstances. The content on this site should not be substituted for individual medical advice. You should not use the information contained on this Site to diagnose a health or medical condition or problem, or alter, commence or delay any medical treatment. You should always check with your healthcare professional before relying on any information posted on this site.

5. Links

5.1. The content on this Site may include links to other websites that are not operated by us. We are not responsible for those websites and their content. We do not endorse any linked websites or the products or services that are provided at those sites. The content on the linked websites may change over time. You should check the terms and policies of the linked websites.

5.2. We invite you to share hyperlinks to our website amongst your friends and contacts for non-commercial purposes (including via other social networking platforms and personal blogs you use). Hyperlinking to this Site is not otherwise permitted without our prior written permission. If we request you to do so, you will remove any hyperlinks you have created to this Site.

6. Removal of Content

6.1. We reserve the right to move, alter or delete the Site, or content on the Site, at any time and for any reason.

6.2. If you are unhappy with our service or would like to make a complaint about any content Nutricia puts on this Site, please email us through the Contact Us page.

7. Intellectual Property

7.1. The copyright in the contents of this Site belongs to us or our licensors. The copying, redistribution, re-posting, publication, adaptation or alteration of any part of this Site for any public or commercial purposes without our prior written prior permission is prohibited.

7.2. You may use content on this Site for your own personal, non-commercial use, provided all copyright and other proprietary notices are kept intact.

7.3. The trademarks, logos, characters and service marks (collectively the “trademarks”) displayed on the Site are our registered or unregistered trademarks. Nothing contained in this Site should be construed as granting any licence or right in and to the trademarks without our express written permission. Your use of the Trademarks and contents of the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that we will aggressively enforce our intellectual property rights in the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.

7.4. Images of people or places displayed on the Site are either our property or third-party property used under licence. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission elsewhere on the Site. Unauthorised use of images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.

7.5. If you feel Nutricia has infringed your copyright, please email us through the Contact Us page.

8. Product information

8.1. This Site offers you the option of viewing information about some of Nutricia’s products. If you choose to view this information, you are accepting that we are supplying this information at your individual request for information and education purposes.

8.2. Product names, descriptions and labels on this website are of Australian application. You should be aware that some products and brands described on our Site may not be available outside Australia or may be available under different names and in different strengths outside Australia. You should seek further local information in your relevant jurisdiction before purchasing any products described on this site from outside of Australia.

9. Limitations of Liability

9.1. To the maximum extent permitted by law, all express or implied guarantees, warranties, representations and other terms and conditions of any kind relating to this Site or its subject matter not contained in these Terms of Use are expressly excluded.

9.2. Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

9.3. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Use under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

  1. in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
  2. in the case of services: the supply of the services again; or the payment of the cost of having services supplied again.

9.4. As stated elsewhere in these Terms of Use, the content of this Site should not be substituted for individual medical advice, you should not use the information contained in this Site to diagnose a health or medical condition or problem, or alter or commence any medical treatment, and you should always check with your healthcare professional before relying on any information posted on this Site. To the maximum extent permitted by law, we will have no liability of any kind to you (whether arising in contract, tort including negligence, statute, equity or on any other basis) in connection with your failure to do so.

9.5. We accept liability to you for claims under or in relation to these Terms of Use for:

  1. fraud;
  2. misleading or deceptive conduct under the Australian Consumer Law;
  3. subject to clause 9.3, our liability under a Non-Excludable Provision;
  4. compensatory damages awarded by a court for breaches of:
    1. the Privacy Act 1988 (Cth);
    2. the Spam Act 2003 (Cth); or
    3. Commonwealth, state or territory anti-discrimination legislation; and
  5. any other claim for which we cannot (by law) exclude or limit our liability.

9.6. Subject to clauses 9.2, 9.3, 9.4 and 9.5, and to the maximum extent permitted by law, we will have no other liability to you of any kind (whether arising in contract, tort including negligence, statute, equity or on any other basis) in connection with these Terms of Use or their subject matter.

9.7. A party’s liability to the other party is reduced to the extent that the other party’s acts or omissions, or those of a third party, contribute to or cause any such liability.

9.8. While we take steps to keep this site free from viruses and other harmful code, we cannot ensure that this is the case. You must therefore use up-to-date security software at all times to protect your computer from such viruses and other harmful code.

9.9. While we use reasonable commercial efforts to make the Site available, we do not represent or warrant that this Site will be accessible or available on a timely basis, or that access will be uninterrupted or error free.

10. Severability

10.1. If any provision (or part of a provision) of these Terms of Use becomes void or unenforceable for any reason, then that provision (or part of a provision) will be severed with the intent that the remainder of these Terms of Use will continue to be in full force and effect.