Customisable Jar Giveaway

TERMS AND CONDITIONS

  1. Information on how to enter, how to claim, the prize form part of these Terms and Conditions Participation in this Promotion is deemed acceptance of these terms and conditions.
  2. This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook. You understand that you are providing your information to the Promoter and not Facebook.
  3. The promoter is New Zealand Health Association Limited trading as Sanitarium Health Food Company (Promoter) of 124 Pah Rd, Royal Oak, Auckland 1023. Phone number: 0800 100 257.
  4. The Promotion commences on Thursday the 8th of December 2022 and closes at 4pm Wednesday (NZST) on the 14thof December 2022 (Promotion Period).
  5. No entries will be accepted after the close of the Promotion Period. The Promoter takes no responsibility for late or misdirected entries or for any delays or failures in any delivery service or equipment.
  6. Entry is restricted to New Zealand residents only. By entering this Promotion the participant represents that they are eligible to enter. Eligible participants can only enter the Promotion in their own name.
  7. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
  8. To enter, individuals must, during the Promotion Period:
    1. Like or follow the Marmite™ page on Facebook (https://www.facebook.com/MarmiteNZ )or the Marmite™ page on Instagram ( www.instagram.com/marmitenz/ ); and
    2. post a comment as per the instructions on the promotional post (where relevant, post settings must be set to public).
  9. 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.
  10. Incomplete or indecipherable entries will be deemed invalid.
  11. The winner will be selected at random by the Promoter.
  12. There are (5) prizes to be won. Each Prize consists of (Prize):
  13. Marmite will not accept any customised language that is offensive or discriminatory in its absolute discretion.
  14. The Prize is not exchangeable or redeemable for cash.
  15. Unless advertised differently, the prize winner will be notified via private message on Facebook or Instagram at the end of the Promotion. The Promotor will ask the prize winner to respond in order to confirm Prize details. If no response is received within 5 hours then that participant will forfeit their right to receive the prize and the Promotor will select another winner at random from the post comments.
  16. If for any reason the Promoter believes the Prize Winner has not complied with these Terms or the Promotion requirements, the Promoter may, in its sole and absolute discretion, refuse to award a Prize.
  17. 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.
  18. 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 entering this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law.
  19. The Promoter reserves the right to amend, suspend or terminate the Promotion and these terms and conditions at any time.
  20. The Promotor’s decision is final in all matters and no correspondence will be entered into.
  21. Each prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash unless specified otherwise.
  22. Ticket entries will be private messaged to the winners – via the platform they entered and won
  23. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  24. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a/the prize by the time stipulated by the Promoter, then the prize will be forfeited.
  25. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
    1. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
    5. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1994 and warrant that they have the full authority to grant these rights; and
    6. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
  26. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
  27. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) 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.
  28. 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.
  29. 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 the prize.
  30. Any cost associated with accessing the promotional 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.
  31. 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. Where a Promotion is conducted across social media the entrant’s conduct must comply with the rules of that social media platform.
  32. 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 by the entrant, 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 using the details in clause 3 or emailing consumer.services@sanitarium.co.nz . All entries become the property of the Promoter. Visit http://www.sanitarium.co.nz/privacy for the Promoter’s privacy policy, which contains information about how entrants may seek to access or correct their personal information held by the Promoter or complain about a breach of their privacy, and how the Promoter will deal with that complaint. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information overseas, and it cannot guarantee that any overseas recipient will comply with the New Zealand Privacy Principles, and despite this, you consent for this to occur and agree not to hold the Promoter liable in this regard. The Promoter is unlikely to send information overseas.
  33. The Promoter reserves the right to cancel or amend the Promotion at any time without prior notice.