Terms and Conditions - Marmite

Terms and Conditions

  1. The promotion is the SanitariumMarmite™ Easter Colouring in Competition (Promotion).
  2. Information on how to enter the Promotion and the prize/s form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  3. The promoter is New Zealand Health Association Limited trading as Sanitarium Health Food Company of 124 Pah Road, Royal Oak, Auckland, New Zealand, 1023 (Promoter). Phone number: 0800 100 257.
  4. Entry is only open to New Zealand residents aged 5 years to 12 years including Entrants must have parental/guardian or teacher (in case of entry by a school) approval to enter and further, the parent/guardian or teacher of the entrant must read and consent to these Terms and Conditions. Parents/guardians or teacher may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion (or collecting or accepting any prize the subject of this promotion).
  5. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
  6. The promotion commences on 1 April 2021 and entries close at 11:59AM NZST on 7 April 2020 (Promotional Period).
  7. To enter the Promotion, individuals must, during the Promotional Period:
    • download one or up to three of the Sanitarium™ Marmite™ Easter colouring-in Design Templates (Design Templates); then
    • print out one or up to three of the Design Templates, colour it in, then scan/take a high-quality picture of the design in a jpeg/png/PDF; or
    • design it digitally with an electronic device saving it as a jpeg/png/PDF (collectively Artwork); then
    • post a comment in the colouring in post on the marmitenz Facebook page of the Artwork www.facebook.com/MarmiteNZ.
  8. If there are issues with uploading the Designs, users can contact the Promoter via MarmiteNZ Facebook (https://www.facebook.com/MarmiteNZ) and arrange for an alternative entry method.
  9. Limit on entries: Multiple entries are permitted for each individual design however each entry must be submitted separately and in accordance with entry requirements.
  10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  11. Incomplete or indecipherable entries will be deemed invalid.
  12. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  13. The Prize: The prize is a $50 Prezzy card (Prize). There are 3 (3) Prizes to be won (one (1) for each age group) valued at RRP NZD $50 each plus a Marmite merch pack valued at NZD $20 for the bonus draw.
    Age groups: the ages groups in which the art will be judged are 5-6 years old, 7-9 years old and 10-12 years old, subject to available entries judges may need to disregard age groups.
  14. Winner determination:
    • The main competition is a game of skill. The entrant’s art will be judged on creative merit and age groups by the Promoter’s panel at 1:00pm NZT Wednesday 7thApril (Winner Determination Date) and the winners will each win one (1) Prize.
    • Applications into the bonus game will need to correctly count and write down the amount of easter eggs found in the colouring Artwork.
    • The winner will be notified via Facebook within two (2) business day of the Winner Determination Date and replied to on the Marmite NZ post thread.
    • The Promoter’s decision is final, and no correspondence will be entered into.
  15. There will be three (3) winners chosen on the winner determination date.
  16. If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  19. A selection for the prize/s if unclaimed may take place at the Promoter’s premises at 10:00AM NZST on 7 May 2020, subject to any directions from a regulatory authority. In the case of a winner, they will be notified in writing within two (2) business days of the draw.
  20. By participating in the Promotion the entrants, in the event they are a winner, licence and grant the Promoter an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such Designs for the purpose of promoting the Promotion, Sanitarium Marmite™ Easter Colouring in competition, and promoting any products manufactured, distributed and/or supplied by the Promoter, in any media, without compensation, restriction to use, attribution or liability. Participants agree not to assert any moral rights in relation to such use where the moral rights in respect of the Designs are theirs to assert. Participants warrant that the Designs contain no copyright materials (except Marmite™ logo), are their original and own works, have not been copied, in whole or in part, from any third party and they have full authority to grant these rights. Entrants by participating in the Promotion also consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner in any media 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.
  21. The promoter reserves the right to cancel or amend the Promotion at any time without prior notice.
  22. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  23. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees.
  24. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for 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: (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 that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
  25. Any cost associated with accessing the website/Facebook is the entrant’s responsibility and is dependent on the Internet service provider used. 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.
  26. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
  27. Where a Promotion is conducted across social media: (a) Entrants’ conduct must comply with the rules of that social media platform. (b) Promotions are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or Snapchat. These social media platforms are in no way responsible for any aspect of Promotions.
  28. The Promoter collects personal information in order to conduct the 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 New Zealand regulatory authorities, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter. Visit http://www.sanitarium.co.nz/privacy for the Promoter’s privacy policy. All personal information will be collected and stored by the promoter, in accordance with the Privacy Act 1993. You have the right to access your personal information and request correction of any errors in it pursuant to the Privacy Act 1993.