Version Date: August 2021

Thank you for entering our competition or prize draw!

These Standard Competition and Prize Draw Terms and Conditions (Terms) will explain:

• How we will manage the award of any Prize awarded as part of an Eligible Promotion
• How we will protect your personal information collected as part of an Eligible Promotion

Your participation in an Eligible Promotion is deemed acceptance of these Terms (as amended from time to time) and any Promotion Specific Terms. These Terms provide Participants with a base set of guidelines under which Eligible Promotions are held and by which entry is governed. Please note that there will be specific terms for each Eligible Promotion and full details will be supplied in the promotional material.

Glossary

Competition Promotion

This means a promotion which requires a Participant to apply a level of thought and/or skill to their entry, and where the Winner is determined based on the method set out in the Promotion Specific Terms

Draw

This means a randomised selection of a Participant’s details from qualifying submissions that meet the criteria specified in an Eligible Promotion

Eligible Promotion

This means either a Competition Promotion or Prize Draw Promotion offered by us to you which includes a Prize incentive and is subject to these Terms together with the Promotion Specific Terms

Participant or “you”

This means any individual who participates in an Eligible Promotion

Prize

This means the prize, reward or benefit awarded to the Winner as part of the Eligible Promotion as described in the Promotion Specific Terms

Prize Draw Promotion

This means a promotion where the Winner is determined by chance through a Draw

Promoter or “we” or “our”

This means Tuatahi First Fibre Limited, 11 Ken Browne Drive, Te Rapa Hamilton (Company Number 3226213) or an agent acting on its behalf who manages the Eligible Promotion

Promotion Period

This means the time and date period in which a Participant may enter the Eligible Promotion as set out in the Promotion Specific Terms

Promotion Specific Terms

This means any terms and conditions specific to the Eligible Promotion that apply in addition to these Terms and are published as part of the Eligible Promotion

Winner

This means the Participant who is eligible to receive a Prize based on the criteria in these Terms and any Promotion Specific Terms

Entry

• The Participant enters the Eligible Promotion in accordance with these Terms and any Promotion Specific Terms.
• To participate in the Eligible Promotion, the Participant must:
  — be aged 18 years or older (as at the commencement of the Promotion Period);
  — be resident in New Zealand; and
  — meet any other conditions or requirements set out in the Promotion Specific Terms.
• Unless otherwise stated in the Promotion Specific Terms, the Participant may only enter the Eligible Promotion once and additional entries submitted by the Participant will be deemed invalid.
• Entries for the Eligible Promotion must be received by the Promoter within the Promotion Period.
• The Promotion Period will close at 23:59 on the specified end date.
• Any entry that:
  — is received outside of the Promotion Period; and/or
  — has not been submitted in accordance with these Terms and Promotion Specific Terms; and/or
  — is otherwise incomplete, incorrect, or illegible will be deemed invalid, at the absolute discretion of the Promoter.
• Entries are accepted at the time of receipt by the Promoter. The Promoter is not liable for any entries not received for any reason.
• The Promoter assumes no responsibility 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.
• Employees, directors and contractors of the Promoter, its related companies or any agencies participating in the Eligible Promotion and their immediate families cannot be a Participant.
  In the event of any inconsistency between these Terms and any Promotion Specific Terms, the Promotion Specific Terms shall prevail to the extent of the inconsistency. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Prize award

• Where the Promotion Specific Terms identify the Eligible Promotion as a:
  — Competition Promotion the Winner shall be determined in the manner set out in the Promotion Specific Terms;
  — Prize Draw Promotion the Winner shall be determined by a Draw (the details, including the time and date of the draw, shall be set out in the Promotion Specific Terms).
• The Winner shall be contacted via the contact details provided at the time of entry.
• The Promoter reserves the right to determine a new Winner where, after three (3) attempts (within 10 business days of the Winner being determined), the Promoter has been unable to contact the Winner.
• The Prize (including its total value) will be described in the Promotion Specific Terms. The Promoter is not responsible for any variation in the value of a Prize.
• The Prize must be taken as offered, cannot be redeemed for cash and is neither transferable nor exchangeable, except at the Promoter’s sole discretion.
• Subject to any applicable law, if for whatever reason a Prize is unavailable, the Promoter reserves the right to substitute it for a prize of equal or greater value.
• If the Winner does not accept the Prize, the Prize will be forfeited, and the Promoter reserves the right to determine a new Winner.
• The Promoter is not liable for any Prize that may be lost, stolen, forged, damaged, or tampered with in any way after it leaves our possession.
• The Promoter’s decision is final, and no correspondence will be entered into.

Eligible promotions and Prezzy Cards

• The Participant acknowledges that the Eligible Promotion is in no way sponsored, endorsed, or administered by, or associated with Prezzy Card or any retail service provider. ‘Prezzy Card’ is a registered trademark of Kiwibank Limited. Standard Prezzy Card terms and conditions apply, see prezzycard.co.nz/terms-and-conditions for more details.
• The Participant acknowledges that the Eligible Promotion is in no way sponsored, endorsed, or administered by, or associated with any retail service provider. Any fees or charges from broadband service providers (including but not limited to modems, routers, postage and packaging of broadband equipment, over-the-top services, landlines or mobile charges, and early termination fees) or relating to any pre-wiring or electrical works required at your premises in order to provision the fibre broadband service do not form part of the Eligible Promotion and we are not liable to you or any other person in relation to such fees or charges.

Eligible promotions run via social media platforms

• If the Eligible Promotion is promoted on or requires entry via Tuatahi First Fibre’s Facebook, Instagram, Twitter and/or LinkedIn page, the Participant:
  — acknowledges that the Eligible Promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook, Instagram, Twitter and/or LinkedIn; and
  — completely releases Facebook, Instagram, Twitter and/or LinkedIn from any and all liability associated with the Eligible Promotion.
• The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to a Participant’s or any other person’s mobile handset, or computer related to, or resulting from, participation in the Promotion or the downloading of any materials related to the Promotion.
• If the Eligible Promotion requires the Participant to submit and or send materials as part of an entry (including, but not limited to comments, recordings, and images) (Content), the following applies:
  — The Participant licences and grants to the Promoter a non-exclusive, royalty-free perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, and display such Content for any purpose related to the Eligible Promotion, in any media, without compensation, restriction on use, attribution or liability.
  — The Participant agrees to waive any moral rights that exist in the Content.
  — The Participant agrees that they are fully responsible for the Content they submit and will not submit any Content that is unlawful, fraudulent, or otherwise unsuitable for publication.
  — The Participant warrants that it has the full authority to grant the rights contemplated by this clause and has obtained prior consent from any person that appears in the Content.
• The Promoter reserves all rights to refuse to accept Content that it deems (in its sole discretion) to be in breach of any intellectual property rights of a third party, is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin, culture, or gender or is not suitable for children under 13 years of age.

Use of personal information and consent to publicity

• By entering an Eligible Promotion, the Participant agrees that the Promotor may use the Participant’s personal information:
  — to carry out the Competition Promotion or Prize Draw Promotion, including determining and notifying the Winner(s);
  — to provide the Prize to the Winner, including, where required, disclosing that information to the supplier or sponsor of the Prize and/or regulatory authorities; and
  — for future marketing, promotional, publicity, research, and profiling purposes.
• By accepting the Prize, the Winner agrees to his/hers/their name, region and/or photograph being used for such publicity purposes as reasonably determined by the Promoter, including publication on the Tuatahi First Fibre website and/or social media accounts. The Winner agrees to make themselves reasonably available for this purpose, without compensation.
• All personal information will be collected and stored in accordance with the Privacy Act 2020 and the Promoter’s Privacy Notice located here.

General

• The Promoter reserves the right, at any time, and in its sole discretion to:
  — verify the validity of an entry and/or Participant; and/or
  — require a Participant to provide proof of identity and/or proof of valid entry; and/or
  disqualify any Participant who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardise the fair and proper conduct of the Eligible Promotion.
• If for any reason the Eligible Promotion is not capable of running as planned the Promoter reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Eligible Promotion. any entries not received for any reason during the Eligible Prize Draw Period.
• To the extent permitted by law, the Promoter:
  — excludes all warranties in relation to the quality, suitability, or merchantability of a Prize except where such exclusion cannot apply at law;
  — will not be liable for any loss (including indirect and consequential loss) or damage or personal injury suffered or sustained in connection with the Eligible Promotion including the supply of goods or services by any person to the Winner, and where applicable to any persons accompanying the Winner; and
  — accepts no responsibility for any tax liabilities that may arise from winning the Prize.
• These Terms and the Promotion Specific Terms are governed by the laws of New Zealand.
  
  END OF TERMS