Overview

Introduction

Information on how to be in to win forms part of these Terms and Conditions. Participation in this ‘Fullers360 Ferry Christmas Scratch & Win’ ("Promotion") is deemed acceptance of these Terms and Conditions.

The promoters are Fullers Group Limited, of 99 Quay Street, Auckland Central 1010, New Zealand (together, "Promoter").

The Promotion commences at 12:00AM (NZDT) on 19 December 2018 and closes at 11:59PM (NZDT) on 21 December 2018 ("Promotional Period"). This Promotion will only be run onboard Fullers360 vessels with cafes in Auckland (each a "Participating Premises").

1. Definitions

For the purposes of these Terms and Conditions:

  1. "Instant Prize" means each of the following:
    1. one (1) free coffee valued at up to $5;
    2. one (1) free Adult Waiheke Flexi Pass or Renewal valued at $150;
    3. one (1) free Adult Devonport 10-Trip Ticket valued at $48;
    4. two (2) free Adult return tickets to Rangitoto Island (departing downtown Auckland) valued at $72;
    5. All other cards will be presented with ‘This isn’t a winning card, but you can play again any time.’
  2. "Winner" means a winner of an Instant Prize; and
  3. "$" is a reference to New Zealand dollars.

2. Eligibility and Entries

  1. Entry is open to New Zealand residents only. Eligible Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Eligible 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.
  2. 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 1st cousin.
  3. To be eligible to enter and receive a Scratch Card (defined below), Eligible Entrants must, during the Promotional Period:
    1. visit a Participating Premises in person; and
    2. make a purchase of $1 or more on Food & Beverage in a single transaction at an onboard cafe (“Qualifying Transaction”). Entrants will receive one scratch card for every transaction (“Scratch Card”).
    3. Entrants can then scratch their Scratch Card to reveal whether they have won an Instant Prize and, if they have, can claim their prize in accordance with clause 2.g
  4. Eligible Entrants must retain their Scratch Cards as proof of purchase. Failure to produce Scratch Card for a Qualifying Transaction when requested may, in the absolute discretion of the Promoter, result in invalidation of the relevant claim.
  5. The Promoter reserves the right, at any time, to verify the validity of Eligible Entrants (including an Eligible 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 conduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter’s discretion. 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. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
  7. All claims for Instant Prizes must be redeemed by 31 January 2019 (for Free Coffee) or 31 March 2019 (for all other instant prizes). To redeem prizes:
    1. Free coffee: Can be redeemed by presenting scratch card at any open Fullers360 onboard cafe
    2. Adult Waiheke FlexiPass or Renewal: Can be redeemed by contacting Fullers360 Customer Care on +64 9 367 9111 or enquiries@fullers.co.nz.
    3. Adult Devonport 10-Trip Ticket: Can be redeemed by contacting Fullers360 Customer Care on +64 9 367 9111 or enquiries@fullers.co.nz.
    4. Adult Return Rangitoto Tickets: Can be redeemed by contacting Fullers360 Customer Care on +64 9 367 9111 or enquiries@fullers.co.nz.
  8. All decisions made by the Promoter are final and no correspondence will be entered into.
  9. If a winner of an Instant Prize is under the age of 18 years, the Instant Prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
  10. If for any reason a winner does not redeem a claim for an Instant Prize (or an element of an Instant Prize) by 11:59PM NZST on 31 January 2019 (for Free Coffee) or 31 March 2019 (for all other instant prizes), then the Instant Prize (or that element of the Instant Prize) will be forfeited.
  11. Any ancillary costs associated with redeeming any voucher are not included. Any unused balance of any voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
  12. Total prize pool value is up to $5,000. The total prize pool includes the following quantities of each Instant Prize:

    Prizes

    Quantity

    Total Value

    Free Coffee

    600

    $2,100 ($5 each)

    Free Adult Waiheke Flexi Pass or Renewal

    6

    $900 ($150 each)

    Free Adult Devonport 10-Trip ticket

    6

    $288 ($48 each)

    Free 2 x Adult Rangitoto Island Return Tickets

    5

    $765 ($72 each)

  13. Prizes are not transferable or exchangeable and cannot be taken as cash. The Promoter reserves the right to substitute a prize or any portion of a prize with an alternative prize of equivalent value without notice.

3. Oh Christmas Prezzy Card Draw

  1. The Oh Christmas Prezzy Card draw will be held at the offices of Fullers360 Sales & Marketing at 3:00pm on 3 January 2019 at Suite B2, Level 1, 99 Queen Street, Auckland 1010
  2. The Promoter may draw additional reserve entries in the Oh Christmas Prezzy Card and record them (in order) in case an invalid entry or ineligible entrant is drawn or if any Entrant drawn is unable to accept or declines to participate in a prize. In the event of an invalid entry or ineligible entrant in the Oh Christmas Hamper Draw, or if an Entrant drawn is unable to accept or declines to participate in a prize within ten (10) days of being successfully notified that they are a winner (if applicable), then the prize will be awarded to the first reserve entry drawn in the Oh Christmas Prezzy Card The Promoter will continue this process until all prizes (3 x $100 Prezzy Card) are awarded.
  3. Entrants will automatically receive one (1) entry into the Oh Christmas Prezzy Card Draw for each ticket they register on the Promotional Website during the Promotional Period.
  4. There is no limit to the number of Oh Christmas Prezzy Card Draw entries that an Entrant may submit, however each entry must be based on a separate Unique Ticket Code, must be submitted separately, and must independently comply with these Conditions of Entry. Entries into the Oh Christmas Prezzy Card Draw must be received by the Promoter by 28 December 2018 11:59pm (NZST).
  5. Only non-winning tickets (those indicated with “Oh Christmas”) can be used to enter the Oh Christmas Prezzy Card Draw. A Unique Ticket Code can only be used to submit one (1) entry into the Oh Christmas Prezzy Card Draw.
  6. This promotion is in no way sponsored, endorsed or administered by, or associated with Visa Prezzy Card.

4. Winners

  1. All winners will be notified in writing. Each winner of an Instant Prize will be notified on their Winning Instant Prize Ticket. Each winner of a prize, other than an Instant Prize, will be notified by email to the email address provided in the winner’s Oh Christmas Prezzy Card Draw entry, if the prize was awarded in the Oh Christmas Prezzy Card Draw.
  2. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize (including confirmation that no online auction or purchase sites were used to obtain a Ticket) and any information submitted by the Entrant in entering the Promotion, before issuing a prize (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age). If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant, entry or Ticket has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the entries of that Entrant may be ineligible and deemed invalid.
  3. For each prize claim and each entry into the Oh Christmas Prezzy Card Draw that an Entrant submits, the Entrant must keep the Ticket that bears the Unique Ticket Code submitted at the time of claim or entry (as applicable, where such Ticket has not been otherwise surrendered to the Promoter). The Promoter, in its sole discretion, may at any time after a claim or an entry has been submitted, require the original Ticket and/or proof of purchase to be handed over from the Entrant to the Promoter before awarding any prize in order to verify the claim or entry (as applicable) as eligible under these Conditions of Entry.
  4. The Promoter reserves the right to verify the validity of any and all entries and Tickets and reserves the right to disqualify any Entrant for:
    1. tampering with the entry, Ticket, Electronic Ticket, instant win process, or prize verification process;
    2. submitting an entry, Ticket or Electronic Ticket which is not in accordance with these Conditions of Entry; or
    3. engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved
  5. A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole discretion.
  6. The Promoter reserves the right to request a winner and their companion(s) (their “Guest”) (if any) produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the identity and age of the winner and their Guest(s) (if any) before issuing a prize and at any time during their participation in the prize.
  7. It is a condition of accepting a prize that a winner (and their prize Guest(s) (if applicable)) may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) in a form determined by the Promoter in its absolute discretion. If a winner is under 18 years of age, the winner must ensure that the winner’s parent or guardian also agrees to and signs such documents (if requested by the Promoter).

5. General

  1. Eligible 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 a reasonable 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.
  2. 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 Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
  3. Scratch Cards are deemed void if stolen, forged, mutilated or tampered with in any way.
  4. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under New Zealand consumer protection laws. Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) 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 the Promotion.
  5. Except for any liability that cannot by law be excluded 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:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    2. any theft, unauthorised access or third party interference
    3. any claim 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;
    4. any variation in Instant Prize value to that stated in these Terms and Conditions
    5. any tax liability incurred by a winner or Eligible Entrant; or
    6. use of an Instant Prize.
  6. The Promoter may collect personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to New Zealand regulatory authorities. The Promoter will also use and handle personal information as set out in its privacy policy, which can be viewed at https://www.fullers.co.nz/privacy-policy/. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter may, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. The privacy policy also contains information about how Eligible Entrants may opt out, access, update or correct their personal information, how Eligible Entrants may complain about a breach of the New Zealand Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose personal information to any entity outside of New Zealand.
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