Terms and Conditions – Sandwich Wrap



    1) Information on how to enter, how to claim, the prize and gifts form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.


    2) Entry is only open to New Zealand residents aged 18 years or over. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.


    3) The organiser of this promotion (the Promotion) is Sanitarium Health & Wellbeing Company (the Promoter) of 124 Pah Road, Royal Oak, Auckland 1023. The promotion commences on the 4th of May 2021 at 4.00pm and closes 11thof May at 11:59pm (Promotion Period).


    4) To enter, individuals must, during the Promotional Period https://Instagram.com/MarmiteNZ/ comment on the promotional “Marmite Sandwich Wrap” post. There will be ten winners announced after the Promotional Period no later than Monday the 18th of May. No entries will be accepted after the close of the Promotional Period. The Promoter takes no responsibility for late or misdirected entries or for any delays or failures in any delivery service or equipment.


    5) 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.


    6) Incomplete, indecipherable or otherwise inappropriate entries will be deemed invalid.


    7) Limit on entries: multiple entries are accepted, each entry must be submitted separately and in accordance with entry requirements.


    8) 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. The Promoter’s decision is final and no correspondence will be entered into.


    9) There will be a total of ten winners chosen after the promotional period who will receive a Marmite Sandwich Wrap. Valued at RRP $15.00.


    10) The winners will be published on the Marmite NZ Instagram page within 2 days of the draw date.


    11) Delivery of prizes may take up to 4 weeks from close of promotion period.


    12) 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.


    13) 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 if not claimed before 25/5/2021.


    14) A draw for any an unclaimed prizes may take place three (3) months after the draw date at the same time and place as the original draw, subject to any directions from a regulatory authority. In the case of a winner, they will be notified via their Facebook post or private message within two (2) business days of the relevant draw.


    15) 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. i) 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;


    1. ii) their Content shall not contain viruses or cause injury or harm to any person or entity;


    iii)        they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;


    1. iv) the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;


    1. v) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and


    1. vi) 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.


    16) Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.


    17) As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.


    18) 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.


    19) 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.


    20) The Promoter collects and holds personal information and content provided by entrants for the purposes of this promotion and for future promotional purposes. Failure to provide requested personal information may disqualify a person from being able to receive a prize. All personal information provided by entrants will be held by the Promoter. Under the Privacy Act 1993, entrants have the right to access and correct any such personal information.


    21) The promoter may, disclose such information to third parties, including but not limited to agents, contractors, service providers and offer suppliers. The Promoter is required by law to provide information to law enforcement agencies and government regulatory authorities. Prize is conditional on providing this information. The details of winners will be held in accordance with the Sanitarium Privacy Policy that can be accessed by visiting Sanitarium.co.nz/privacy. Winners should direct any request to access, update or correct information to the Promoter. All information provided by participants will become property of the Promoter. All information submitted will remain anonymous and will be stored by the Promoter for further research purposes.

    22) This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. 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 or Instagram. Facebook or Instagram 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.