TERMS AND CONDITIONS
- Information on how to enter and the prize/s form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
- Entry is only open to New Zealand residents aged 13 years or over. 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 the Promotion (or collecting or accepting any prize the subject of the Promotion).
- 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.
- 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.
- There is one promotion, with twelve (12) scheduled entry periods for entrants to enter the Promotion as follows:
- Entry Period 1:
This entry period opens on 12:00pm Tuesday 1st December 2020 and closes at 12:00pm on Wednesday 2nd December 2020 (Promotion 1). - Entry Period 2:
This entry period opens on 9:00am Wednesday 2nd December 2020 and closes at 12:00pm on Thursday 3rd December 2020 (Promotion 2). - Entry Period 3:
This entry period opens on 9:00am Friday 4th December 2020 and closes at 12:00pm on Monday 7th December 2020 (Promotion 3). - Entry Period 4:
This entry period opens on 9:00am Monday 7th December 2020 and closes at 12:00pm on Tuesday 8th December 2020 (Promotion 4). - Entry Period 5:
This entry period opens on 9:00am Wednesday 9th December 2020 and closes at 12:00pm on Thursday 10th December 2020 (Promotion 5). - Entry Period 6:
This entry period opens on 9:00am Friday 11th December 2020 and closes at 12:00pm on Monday 14th December 2020 (Promotion 6). - Entry Period 7:
This entry period opens on 9:00am Monday 14th December 2020 and closes at 12:00pm on Tuesday 15th December 2020 (Promotion 7). - Entry Period 8:
This entry period opens on 9:00am Wednesday 16th December 2020 and closes at 12:00pm on Thursday 17th December 2020 (Promotion 8). - Entry Period 9:
This entry period opens on 9:00am Friday 18th December 2020 and closes at 12:00pm on Monday 21st December 2020 (Promotion 9). - Entry Period 10:
This entry period opens on 9:00am Monday 21st December 2020 and closes at 12:00pm Tuesday 22nd December 2020 (Promotion 10). - Entry Period 11:
This entry period opens on 9:00am Wednesday 23rd December 2020 and closes at 12:00pm Thursday 24th December 2020 (Promotion 11). - Entry Period 12:
This entry period opens on 9:00am Thursday 24th December 2020 and closes at 12:00pm Monday 28th December 2020 (Promotion 12).
- Entry Period 1:
- To enter, individuals must:
- follow UP&GO New Zealand on Instagram (accessible by the handle @upandgonz (Instagram Page); and
- leave a comment on the promotional Instagram post (Instagram Post) in accordance with the instructions provided on the Instagram Post.
- 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. Winners (or if the winner is under 18 years of age their parent or guardian on their behalf) must upon request supply suitable identification at the time that the Promoter delivers the prize.
- Incomplete or indecipherable entries will be deemed invalid.
- Limit on entries: Multiple entries are permitted however each entry must be submitted separately and in accordance with entry requirements.
- 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.
- Winner determination:
- a) The random draw will take place at Promoter’s premises at the outlined date and time for each promotion.
- Promotion 1:
12:00pm on Wednesday 2nd December - Promotion 2:
12:00pm on Thursday 3rd December - Promotion 3:
12:00pm on Monday 7th December - Promotion 4:
12:00pm on Tuesday 8th December - Promotion 5:
12:00pm on Thursday 10th December - Promotion 6:
12:00pm on Monday 14th December - Promotion 7:
12:00pm on Tuesday 15th December - Promotion 8:
12:00pm on Thursday 17th December - Promotion 9:
12:00pm on Monday 21st December - Promotion 10:
12:00pm on Tuesday 22nd December - Promotion 11:
12:00pm on Thursday 24th December - Promotion 12:
12:00pm on Monday 28th December
- Promotion 1:
- b) The Promoter may identify additional reserve entries and record them in order in case an invalid entry or ineligible entrant is chosen
- c) The winners will be notified through Instagram Messenger within two (2) business days of the draw date. The winners will be published on the promotional post at:
- Promotion 1:
12:30pm on Wednesday 2nd December - Promotion 2:
12:30pm on Thursday 3rd December - Promotion 3:
12:30pm on Monday 7th December - Promotion 4:
12:30pm on Tuesday 8th December - Promotion 5:
12:30pm on Thursday 10th December - Promotion 6:
12:30pm on Monday 14th December - Promotion 7:
12:30pm on Tuesday 15th December - Promotion 8:
12:30pm on Thursday 17th December - Promotion 9:
12:30pm on Monday 21st December - Promotion 10:
12:30pm on Tuesday 22nd December - Promotion 11:
12:30pm on Thursday 24th December - Promotion 12:
12:30pm on Monday 28th December
- Promotion 1:
- a) The random draw will take place at Promoter’s premises at the outlined date and time for each promotion.
- The Promoter’s decision is final and no correspondence will be entered into.
- Prize Details (there will be different prizes available for each promotions as outlined in Instagram Posts):
| Prize | Number of Winners | Total Value |
| 1x UP&GO Branded Plastic Thongs | 20 | $420 |
| 1x UP&GO Branded Bucket Hat | 20 | $500 |
| 1x 25L Hard Cooler & 3x UP&GO Fridge Packs |
1 | $60 |
| 1x Light Up Wheels Metallic Retro Skateboard | 3 | $105 |
| 1x $50 Steam Gift Card | 3 | $150 |
| 1x Go Pro Hero5 BLACK | 1 | $300 |
| 1x Beats solo wireless | 1 | $300 |
| 1x UE Boom 2 | 2 | $500 |
| 1x Inflatable Croc Rider | 1 | $8 |
| 1x Nintendo Switch Console | 1 | $539 |
| 1x Oakley Sunglasses | 1 | $222 |
| 1x Apple AirPods 2 | 1 | $270 |
- If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
- 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.
- 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.
- Total prize pool value is $3,374.
- Prize/s, or any unused portion of a prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- A draw for all prizes if unclaimed may take place on 14th January 2021 at Sanitarium Health Food Company of 124 Pah Road, Royal Oak, Auckland, New Zealand, 1023 at 2:00pm, 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 through Instagram. The winners will be published on Instagram at www.instagram.com/upandgonz from 18th January 2020.
- 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.
- 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.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees.
- 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.
- Any cost associated with accessing Instagram 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.
- This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and 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 Instagram. 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.
- 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.
- 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.