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GAME OF CHANCE TERMS AND CONDITIONS

  1. The Promoter is Universal Music New Zealand Limited (Company No. 31146), having its registered office at Kensington Swan, 18 Viaduct Harbour Avenue, Auckland Central, Auckland, 1010, New Zealand, phone +64 9-375 7575.

 

  1. These Terms and Conditions apply to all chance-based promotions and competitions (‘Competitions’) conducted by the Promoter on its websites and other online mediums, including through posts on its controlled Facebook, Instagram and Twitter pages (‘Entry Page’).

 

  1. These Terms and Conditions and all other information provided prior to entering the Competition, including information provided on the Entry Page and any instructions on how to enter the Competition form part of these Terms and Conditions. Participation in the Competition is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid. To the extent of inconsistency between the terms included on the Entry Page and these Terms and Conditions, the terms on the Entry Page will prevail.

 

  1. The prize will be as stated on the Entry Page (‘Prize’).

 

  1. Entry is only open to residents of New Zealand who comply with these Terms and Conditions and have a valid email address. Entries will not be accepted from:

 

  1. Employees (and their immediate families) of the Promoter. 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.
  2. Participating retailers and agencies associated with this Competition (including their employees).
  3. People under the age of 18 years where the prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years, or where parental/guardian consent is required and has not been given in a way which is satisfactory to the Promoter.

 

  1. The Competition will be conducted during the period set out on the Entry Page (‘Competition Period’). To enter the Competition entrants must follow the steps set out on the Entry Page (the ‘Entry Method’) and comply with all other applicable requirements during the Competition Period. Entries must be received by the Promoter during the Competition Period. Unless otherwise stated on the Entry Page, entry is limited to one per person. Multiple entries (where permitted on the Entry Page) must be submitted separately. Automated – computer – generated entries will not be accepted.

 

  1. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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. Incomplete or indecipherable entries will be deemed invalid.

 

  1. Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Competition. The Promoter has no obligation to acknowledge or return the entry.

 

  1. The entrant acknowledges and agrees that their entry is not obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encouraging of conduct that would be considered a criminal offence, gives rise to civil liability, or violate any law.

 

  1. The entrant confirms and warrants that they have full power and authority to enter the Competition in accordance with these Terms and Conditions and hereby indemnify the Promoter from and against any and all costs and damages incurred as a result of any breach of the representations and warranties made by the entrant herein.

 

  1. All entries in this Competition are the property of the entrant and each entrant, by entering the Competition, grants the Promoter an irrevocable, perpetual, sub-licensable, worldwide gratis licence to reproduce, edit, publish, communicate and otherwise use their entry to the Competition in any manner whatsoever including, without limitation, in further promotion of the Competition, by way of commercial purposes and may extend to or involve use by or with one or more third parties. If requested by the Promoter, the entrant shall complete and sign a formal licence of copyright to give effect to the foregoing.

 

  1. The Promoter reserves the right, acting reasonably, to reject any entry submitted to the Competition.

 

  1. To the extent necessary, the entrant hereby waives all moral rights (as defined by the Copyright Act 1994), including the right of attribution.

 

  1. The entrant warrants the entry does not incorporate any other materials which are subject to third party proprietary rights or otherwise infringe any third party’s rights. The entrant further warrants that they have the required consents and approvals from any individuals appearing in their entry.

 

  1. Within 10 days (or such longer period as the Promoter may advise) of the conclusion of the Competition Period , the winner(s) (‘Winner(s)’) will be selected at random (the date of the draw being the ‘Draw Date’).

 

  1. The Winner(s) shall be determined at Universal Music New Zealand, Stables Building, 30 St Benedicts Street, Auckland, and shall be notified on the Entry Page, or by email or phone (voice or text) within 10 days of the Draw Date.

 

  1. The Promoter’s decision is final and binding upon all entrants and no correspondence will be entered into. Entrants who are not winners will not receive any notification at all.

 

  1. The Prize must be taken as stated (including, where applicable, being able to take the Prize on the dates and times and at the locations stated on the Entry Page), and no compensation will be payable if a winner is unable to use the prize as stated. Each prize is not transferable to another person (unless agreed to by the Promoter) or exchangeable for other goods and services and cannot be redeemed for cash.
  2. Where the Entry Page explicitly states that the Prize includes tickets to an event:
    1. The Prize will include postage of the tickets to the Winner at their nominated address within New Zealand.
    2. Where there is more than one venue stated for a concert on the Entry Page, the Promoter reserves the right in its sole discretion to elect the venue where the Winner will attend the concert.
    3. Ticket type to be in the sole discretion of the Promoter.
    4. Dates, venues and schedules are not under the Promoter’s control and are subject to change and the Promoter takes no responsibility for any date, venue or schedule changes. If any part of any of the events is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the Winner (and any nominated companion) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the Prize.
    5. The Promoter will not provide any flights, transport or accommodation in relation to the Prize, unless explicitly stated on the Entry Page. The Winner shall be responsible for any costs associated with accepting the Prize that are not expressly set out as the Promoter’s responsibility on the Entry Page, including (but not limited to) spending money, meals, and any travel or accommodation expenses.
    6. The Promoter makes no representation as to the safety conditions or any other issues that may exist at any venue associated with the Prize. Prize is subject to the concert venue’s general conditions of entry.

 

  1. Where the Entry Page states that the Prize includes travel and/or accommodation:
    1. The event takes place at the locations outlined in the Entry Page. The Winner shall be responsible for any costs associated with accepting the Prize that are not expressly set out as the Promoter’s responsibility on the Entry Page, including (but not limited to) hotel incidentals, spending money, passports, visas, taxes not included in the price of the ticket, meals, phone calls, taxis, any additional travel expenses (other than flights and airport transfers if specified above) and travel insurance. A credit card may be required to check in at a hotel.
    2. It is the Winner’s (and any travel companion’s) responsibility to organise transport to and from their house to the airport in their nearest large city. Compliance with any health and safety and other legal and government requirements is the responsibility of the Winner and any travel companion. Prize travel is subject to the relevant airline’s general conditions of carriage.
    3. Travel must take place at the times and days stated by the Promoter. The Promoter will elect the flight times in its sole discretion.
    4. The Winner and any nominated companion must redeem their flights at the same time, depart from the same location, and travel on the same flights. If the Prize included two tickets and the Winner is unable to use both tickets at the same time they will forfeit the additional ticket and no compensation will be given in lieu. Any changes or costs incurred once the tickets have been issued will be the sole responsibility of the Winner. Winners and their companions will not accrue Frequent Flyer points on the prize travel. Upgrades cannot be purchased using Winner’s Frequent Flyer points. The Promoter recommends that the Winner purchases appropriate travel insurance.
    5. The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the Winner.
    6. If the Winner lives in the same city as the relevant event, the Promoter will not provide transfers, flights or accommodation. In that instance, the Winner will only receive the tickets to the event.
    7. The accommodation is a standard room, and does not include any additional services, refreshments, food or entertainment.
  2. Where the prize involves the Promoter sending goods (e.g. an album or poster) to the Winner, the Prize will include postage to the Winner at their nominated address within New Zealand. To the maximum extent permitted by law, the Promoter accepts no liability for any damage caused to the Prize in transit, or for any delay in the delivery of the Prize.

 

  1. Where a Competition takes place on Facebook, Instagram, Twitter, Spotify or another third party website, Entrants will be required to have an existing account with that website in order to enter the Competition.

 

  1. The Promoter reserves the right to request winners to provide proof of identity, proof of residency and/or proof of entry validity (for example, a phone bill or store receipt for purchase requirement) in order to claim a prize. Proof of identity, residency and/or entry validity considered suitable for verification is at the Promoter’s discretion. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize in whole and no substitute will be offered.

 

  1. The Promoter reserves the right to re-draw in the event of any entrant being unable to satisfy these Terms and Conditions or forfeiting or not claiming the Prize within 10 days of being notified (‘Prize Claim Date’). If a Prize remains unclaimed or forfeited through ineligibility or otherwise, the Promoter will conduct further draws, as required, at the same time and place as the original draw on the day after the Prize Claim Date. The alternate winner shall be notified on the Entry Page, or by email or phone (voice or text) within 10 days of the Prize Claim Date.

 

  1. If the Prize is unavailable for any reason, the Promoter, in its discretion, reserves the right to substitute the Prize with a gift to the equal value and/or specification, subject to any written directions from a regulatory authority.

 

  1. By entering the Competition, each entrant agrees that the Promoter may disclose entrants’ personal information to the relevant lottery departments (if required). The Winners’ names will be published as required under the relevant lottery legislation and the Promoter may publish or cause to be published the winner’s names and suburb in any media, including on the Promoter’s controlled website(s).

 

  1. If required by the Promoter, the Winner agrees to participate in any promotional activities associated with the Prize such as public appearances, photo opportunities or media interviews as might be required by the Promoter. The Winner agrees to the Promoter using the Winner’s name, likeness, voice, Competition entry and image for any purpose related to the Prize and Competition.

 

  1. As a condition of accepting the Prize, the Winner (and his/her companion if applicable) must sign any legal documentation as and in the form reasonably required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form.

 

  1. If this Competition 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, 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.

 

  1. Any cost associated with accessing the promotional websites and mobile applications is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated 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.

 

  1. Except for any liability that cannot be excluded by law, the Promoter (including its 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 Competition, including, but not limited to, where arising out of the following: (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 claim or offer 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 gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a entrant; or (f) use of a Prize.

 

  1. The Promoter and its associated agencies shall not be liable in any way if the performance of obligations hereunder is delayed or becomes impossible by reason of any Act of God, war, fire, earthquake, strike, sickness, accident, civil commotion or any other cause.

 

  1. Entrants may have to access external websites to participate in the Competition, such as (but not limited to) Facebook, Spotify, Twitter or Instagram (‘Third Party Sites’). The Promoter takes no responsibility for the goods or services provided by third parties, and when entrants access these Third Party Sites, they do so at their own risk. Any personal information provided through Third Party Sites will be handled in accordance with their respective privacy policies and terms of use.
  2. Competitions conducted by the Promoter are in no way sponsored, endorsed or administered by, or associated with the Third Party Sites. Entrants completely release any Third Party Sites from any and all liability associated with the Competitions.

 

  1. The Promoter needs to collect the personal information required to be submitted with your entry so it can enter you in, and facilitate, the Competition. The Promoter may use personal information about you for related purposes, including sending you information (including electronically) about Universal products, events, artists, news and further competitions.  The Promoter may disclose personal information to other organisations that assist it to promote its events and artists.  If you wish to access the personal information the Promoter holds about you or do not wish to have this information disclosed, please contact it at Stables Building, 30 St Benedicts Street, Auckland or refer to the Promoter’s privacy policy at https://umusic.co.nz/privacy-policy/ for further details.

 

  1. These Terms and Conditions shall be governed by the law of New Zealand.

 

 

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