BRAVO TV NEW ZEALAND LIMITED. Win a Mmm That s Nice! Bath & Body Gift Pack. Competition terms and conditions
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1 BRAVO TV NEW ZEALAND LIMITED Win a Mmm That s Nice! Bath & Body Gift Pack Competition terms and conditions Entry into the Promotion 1. This Promotion (the PROMOTION ) is conducted by Bravo TV New Zealand Limited a company registered in New Zealand under Company Number , of 3 Flower Street, Eden Terrace, Auckland (the PROMOTER ) 2. Information on how to enter forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these Terms and Conditions. If you submit an entry, or read the Terms and Conditions and thereafter take any steps howsoever with respect to submitting an entry, or otherwise participate in this Promotion, you are deemed to have accepted these Terms and Conditions. 3. The Promotion is only open to eligible entrants (the ENTRANTS ), being individuals who are: a) permanent residents of New Zealand; and b) over the age of 18, or, if under the age of 18, the winner s parent or legal guardian will have to accept the prize on his/her behalf; and are not: c) employees of the Promoter or an employee of any related corporations or agencies of the Promotor or any other company associated with the Promoter and the Promotion; or d) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee. 4. Entry to the Promotion commences at 12:00hrs (NZDT) on Monday 30 th April 2018, and closes at 22:00hrs (NZDT) on Sunday 6 th May, 2018 (the PROMOTION PERIOD ). 5. Entries must be received by 22:00hrs Sunday 6 th May, The time of entry will in each case be the time an online entry is received. The Promoter accepts no responsibility for any late, lost or misdirected entries. 6. All times and dates are times and dates in New Zealand time, which will be NZDT. All times are stated using the 24 hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day. 7. The Promotion will primarily be advertised on Bravo New Zealand s social platforms Facebook and Instagram.
2 8. To enter the Promotion and be eligible to win, Entrants must: a) Have a valid, registered Facebook or Instagram account; and b) like the BRAVO NEW ZEALAND Facebook page and/or BRAVO NEW ZEALAND Instagram c) comment on the competition post telling us which one (1) of the three (3) Mmm That s Nice! Bath & Body gift pack scents you like best; and d) tag the person on the competition post who you would share your prize with. 9. An Entrant can submit more than one entry. 10. Each Entrant consents to the Promotor and using the Entrant s name, likeness, image and voice (including video, film and recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome). To the extent permitted by law, Entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry. 11. When submitting an entry, an Entrant must comply with all applicable laws and regulations and must not post, submit or transmit any video, information, image, text or other material of any kind whatsoever that: a) violates or infringes upon the rights of any other person, including a person s intellectual property or privacy rights; b) is unlawful, offensive, threatening, abusive, defamatory, derogatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature; c) vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; d) identifies any person other than the Entrant, unless the Entrant has obtained the consent of that person to submit the material for the purposes of the Promotion and consents to, and submits to the application of, clause 11 of these Terms and Conditions as if that clause 11 applied to that person as an Entrant; and e) is knowingly incorrect, misleading or deceptive. 12. Incomprehensible and incomplete entries will be deemed invalid. 13. Promotor may, but is under no obligation to, monitor or review the contents of the entries and may choose in its sole and unfettered discretion to not promote or show any materials (in whole or in part) for any reason whatsoever including but not limited to that the content is in Promotor s view in any way objectionable or may possibly be in violation of any applicable law or these Terms and Conditions or not promote or adversely effect in any way the Promotor, or any of the Promotor s products or services.
3 14. The cost of accessing the promotional website will be dependent on the entrant s individual internet service provider. 15. The Promoter reserves the right to: a) Request each winner to provide proof of identity, proof of residency at the nominated Prize delivery address and/or proof of entry validity in order to claim a Prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter; and b) Request each winner to sign additional documentation regarding the release of the contents of the entry for use and exploitation by the Promoter in any media, in perpetuity throughout the world. In the event that a winner does not provide the information and sign additional documentation as set out in this clause 15 that winner will forfeit their Prize in whole and no substitute will be offered. 16. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions of entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify an Entrant if Promoter becomes aware that the Entrant and/or the Entrant s entry is of a type described in this clause. 17. The Entrant remains liable for the content of any video, information, image, text or other material submitted as an entry and indemnifies and holds harmless the Producer against and from any claims whatsoever and howsoever arising with respect to the Entrant s entry. 18. Without limiting any other terms herein, the Entrant indemnifies Producer and their respective directors, officers, employees, and agents ( Indemnified Parties ) on a full indemnity basis for all direct and consequential loss, causes of actions, demands, damages, fines, penalties or other costs or expenses of any kind or nature whether monetary or capable of being converted into money, suffered by any of the Indemnified Parties, as a result of, or caused or contributed to by, any act or omission, including any breach of any of these Terms and Conditions, by the Entrant. Prize
4 19. There will be one (1) Major Prize to be won in this Promotion ( PRIZE ). The Prize Winner ( WINNER ) will receive: a) one (1) Mmm That s Nice! Soap; b) one (1) Mmm That s Nice! Hand cream; c) one (1) Mmm That s Nice! Body lotion; d) one (1) Mmm That s Nice! Shower gel; e) one (1) Mmm That s Nice! Twin-pack [1 x body lotion & 1 x shower gel] f) one (1) Mmm That s Nice! Perfume g) one (1) Mmm That s Nice! Candle h) one (1) Mmm That s Nice! Room diffuser 20. The Total RRP value for the Prizes is up to NZD$ The Mmm That s Nice! scent of the PRIZE will be determined by the WINNER s entry. 22. The Prize consists only of the elements expressly set forth above; no other elements or expenses are included in the Prize and all such expenses are the sole responsibility of the Winner. 23. The Prize is not transferable, non-endorsable, non-refundable or not redeemable for cash. The Prize or any element of the Prize cannot be exchanged for any other Prize. In the event that, for any reason whatsoever, a Winner does not take an element of their Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by that Winner and cash will not be awarded in lieu of that element. The contents of each Prize will be at the Promoter s sole discretion. The Prizes are subject to availability and the Terms and Conditions of the entities supplying the elements of each Prize. It is a condition of accepting the Prize that the Winners must comply with any conditions of use of the Prizes and the Prize supplier s requirements. 24. The winner will be awarded to the person named in their respective winning entry. 25. The Winner is advised that tax implications may arise from them winning their Prize and they should seek independent financial advice prior to accepting their Prize. 26. Once the Prize has left the Promoter s/supplier s premises, the Promoter and the relevant parties will not be responsible for any delay in delivery or loss or damage to the Prizes. 27. In the event that for any reason whatsoever a Winner does not take a Prize or an element of a Prize at the time stipulated by the Promoter, that Prize or that element of the Prize will be forfeited by that winner and the Prize will be redrawn. 28. The Prizes cannot be used in conjunction with any other discounts or special offers.
5 29. If the Prizes are unavailable, for whatever reason, the Promoter reserves the right to substitute the Prizes for prizes of equal or greater value. 30. By accepting the Prize, each Winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to their Prize, including but not limited to, being interviewed and photographed, filmed at no cost to the Promoter. 31. The Promoter s decision is final and the Promoter will not enter into correspondence regarding the Promotion result. 32. It is a condition of accepting the Prize that the Winners must comply with all the conditions of use of their Prize and the Prize supplier s requirements. WINNER AND AWARDING OF PRIZE 33. The Winner will be selected at random from all eligible entries received during the Promotion Period. The Winner will be selected from 09:00hrs (NZDT) on Monday, 7 th May, The Promoter will notify the Winner via Facebook or Instagram direct message (depending on the method of the Winner s entry) regarding the Winner s winning entry ( WINNER NOTIFICATION ). The Winner must respond and claim their Prize by ing the Promoter at the address provided to the Winner in the Winner Notification by 17:00hrs (NZDT) on Wednesday 9 th May When responding to the Winner Notification, the Winner must provide the Promoter with address the Winner wants the Prize to be sent to. 35. A failure by a Winner to respond by the prescribed time and date will be treated as a forfeiture of the Prize for that Winner and the Prize may be withdrawn unawarded. 36. All Entrants agree to provide the Promoter or the Promoter s authorised agent with proof of identity, residency, age and/or proof of entry validity if selected as the Winner or if reasonably requested by the Promoter or the Promoter s authorised agent. Proof of age, identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. In the event that a Winner cannot provide suitable proof, that Winner will forfeit their Prize in whole and no substitute will be offered. 37. The Prizes will be awarded to the person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry. 38. Should an Entrant s contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter. 39. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material
6 created pursuant to the winner s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use. GENERAL 40. No responsibility will be taken by Promoter for the Promotion or any changes in dates, times or cancellations or other arrangements that may prevent a Winner from winning their Prize. 41. The Promoter reserves the right, in its absolute discretion, to disqualify: a) any entry which, in the opinion of the Promoter, includes any objectionable content, profanity or is potentially insulting, inflammatory or defamatory; or b) any individual who tampers with the entry process, submits an entry that is not in accordance with these Terms and Conditions or who has in the opinion of the Promoter, engaged in unlawful or improper conduct that is designed to jeopardise the fair and proper conduct of the Promotion or is generally damaging to the goodwill or reputation of the Promoter. 42. The Promoter reserves the right, in its absolute discretion, at any time before the awarding of a Prize to cancel or vary the Promotion or to vary, postpone or cancel the Promotion or award of the Prize including, without limitation, circumstances where in the Promoter s opinion (which it shall form in its absolute discretion): a) a Winner does not satisfy the Promotion entry requirements; or b) the Promoter cannot conduct the Promotion or award the Prize (or a part of any Prize) for any reason beyond its control. 43. In the event that the Promoter cancels or varies the Promotion or varies or withdraws a Prize (or a part of any Prize) it shall not: a) be liable to any person for any costs, loss or damage (including costs, loss or damage caused by any negligence) arising out of, or in connection with, such cancellation, variation or withdrawal; or b) be required to conduct the Promotion at any other time. 44. No responsibility will be accepted by the Promoter for late, lost or misdirected entries and all entries are deemed to be received at the time of receipt of the entry and NOT time of transmission by the Entrant. The Promoter accepts no responsibility for outdated or incorrect contact details or contact details by which the entrant cannot be contacted during business hours on the relevant dates. It is each entrant s responsibility to inform the Promoter if his or her contact details change during the Promotion Period.
7 45. The Promoter and the associated agencies are not responsible for any problems or technical malfunction of any, computer on-line systems, communication networks, computer equipment, software, websites (and associated website accounts and applications), or traffic congestion on the Internet or at any website, or any combination thereof, including 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, and reserves the right to take any action that may be available. 46. A decision of the Promoter in relation to the conduct of the Promotion is binding and conclusive and no correspondence will be entered into. 47. Entrants enter the Promotion at their sole risk. With the exception of liability which cannot be excluded by law, the Promoter shall not be liable for any loss or damage which is suffered (including but not limited to indirect or consequential loss) or for personal injury suffered or sustained by a Winner as a result of taking the Prize or entering the Promotion. 48. In participating in this competition Entrants are providing information to the Promoter and not to Instagram and/or Facebook. Each Entrant acknowledges that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram and/or Facebook, and to the extent permitted by law, releases Instagram and/or Facebook from any and all liability in relation to this competition. Any queries, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram and/or Facebook. 49. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent. 50. The Promoter collects entrants personal information for the purpose of conducting and promoting this Promotion (including, but not limited to, determining and notifying winners). For purposes of public statements and advertisements the Promoter will only publish the winner s surname, initial and state (if required by local laws). Entrants are also advised that from time to time, the Promoter may disclose your personal information to third parties (including, but not limited to, third party Prize providers) for the purpose of administering Prizes or for other purposes contemplated in these Terms and Conditions. 51. The Promotion and these Terms and Conditions are governed by the laws in force in New Zealand. Each Entrant hereby submit themselves to the exclusive jurisdiction of the courts of New Zealand for the resolution of any issue, dispute or matter arising under or in connection with the Promotion and these Terms and Conditions.
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