“UP&GO Christmas Giveaway 2022” PROMOTION

TERMS AND CONDITIONS 

  1. Information on how to enter and the prizes form part of these terms and conditions (Terms and Conditions). Participation in this “UP&GO™ Christmas Giveaway 2022” promotion (Promotion) is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to New Zealand residents aged 16 years or over.
  3. 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).
  4. Employees (and their immediate family) of the Promoter and agencies associated with the 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 first cousin.
  5. The Promotion consists of 5 separate promotions, being 5 prize determinations in the month of December 2022, with the entry period for the first promotion commencing at 10am NZST on 2 December 2022 and the entry period for the final promotion closing at 9am NZST on 23 December 2022 (Promotional Period). Details of all entry period commencement and closure dates in respect of the Promotion are as follows:
Promotion no#   Entry Period Commencement 

(10am NZST on the following dates):

Entry Period Closure 

(12pm NZST on the following dates):

Time of Determination 

(1pm NZST on the following dates):

1. 1/12/2022 8/12/2022 (time not disclosed) 8/12/2022 (time not disclosed)
2. 8/12/2022 15/12/2022 15/12/2022
3. 15/12/2022 22/12/2022 22/12/2022
4. 19/12/2022 23/12/2022 23/12/2022
5. 19/12/2022 23/12/2022 23/12/2022
  1. To enter one of the above promotions, individuals must, during the Promotional Period and at the Time of Determination specified for the relevant promotion (as set out in clause 5):
  • (a) follow and be following, UP&GO NZ on Instagram (accessible by the handle @upandgonz) (Instagram Page);
  • (b) have their Instagram profile on public display and ensure it contains adequate details to allow the Promoter to identify the entrant; and
  • (c) comply with the additional requirements as follows:
Promotion #  Additional requirements 
1. Leave a comment in reply to the most recent comment before them in accordance with the instructions provided on the Promotional Post.
2. Leave a comment which tags one friend or family member’s Instagram account, in accordance with the instructions provided on the Promotional Post.
3. Leave a comment in accordance with the instructions provided on the Promotional Post.
4. Leave a comment in accordance with the instructions provided on the Promotional Post.
5. Leave a comment which tags one friend or family member’s TikTok account, in accordance with the instructions provided on the Promotional Post.

  1. The promotional post, being the Instagram or TikTok post setting out the details of the relevant promotion (Promotional Post), for a particular promotion will be published immediately prior to the Entry Period Commencement (as set out in clause 5) for that promotion. For the avoidance of doubt, an entry into one promotion does not carry over, and constitute an entry, to other promotions within this Promotion.
  2. When using Instagram entrants must act in accordance with Instagram’s requirements and terms of use at all times, which can be viewed here: http://instagram.com/about/legal/terms/ . When using TikTok, entrants must act in accordance with TikTok’s terms of service at all times, which can be viewed here: https://www.tiktok.com/legal/page/row/terms-of-service/en .
  3. 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 before the Promoter delivers the prize.
  4. Incomplete or indecipherable entries will be deemed invalid.
  5. Multiple entries are permitted per person however each entry must be submitted in a separate comment (if applicable), be substantially unique (including that a different friend or family member’s Instagram/TikTok account is tagged for each unique comment, (if applicable) and in accordance with entry requirements.
  6. Provided that an entrant complies with clause 11 and these Terms and Conditions generally, an entrant is not prohibited from winning multiple prizes.
  7. If there is a dispute concerning the conduct of the Promotion (including as to the identity of an entrant) or in respect to claiming a prize, the Promoter will consider the entrant’s grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.
  8. Method of determination of winners:
Promotion #  Method of determination of winners
1. The entrant who has left the last comment before the Entry Closure Time (as set out in clause 5) will be determined at Sanitarium Health Food Company at the Time of Determination specified for this promotion, as set out in clause 5.

The winner will be notified in writing through the Instagram Messenger function associated with the Instagram account they used to enter this promotion, within 2 business days of the Time of Determination.

The winner will be published on the Promotional Post on the Instagram Page within 2 business days of the Time of Determination.

The winner must respond to the notification and claim their prize within 4 weeks of the Time of Determination.

2. The random draw will be conducted electronically from all eligible entries in respect of this promotion, and take place at Sanitarium Health Food Company, at the Time of Determination specified for this promotion, as indicated in clause 5.

The first valid entry drawn in respect of this promotion will be awarded the prize for this promotion as set out in clause 15 below.

The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

The winner in respect of the draw, will be notified in writing through the Instagram Messenger function associated with the Instagram account they used to enter this promotion, within 2 business days of the Time of Determination.

The winner in respect of the draw, will be published on the Promotional Post on the Instagram Page within 2 business days of the Time of Determination.

The winner(s) must respond to the notification and claim their prize within 4 weeks of the Time of Determination.

3. The random draw will be conducted electronically from all eligible entries in respect of this promotion, and take place at Sanitarium Health Food Company, at the Time of Determination specified for this promotion, as indicated in clause 5.

The first valid entry drawn in respect of this promotion will be awarded the prize for this promotion as set out in clause 15 below.

The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

The winner in respect of the draw, will be notified in writing through the Instagram Messenger function associated with the Instagram account they used to enter this promotion, within 2 business days of the Time of Determination.

The winner in respect of the draw, will be published on the Promotional Post on the Instagram Page within 2 business days of the Time of Determination.

The winner(s) must respond to the notification and claim their prize within 4 weeks of the Time of Determination.

4. The random draw will be conducted electronically from all eligible entries in respect of this promotion, and take place at Sanitarium Health Food Company, at the Time of Determination specified for this promotion, as indicated in clause 5.

The first valid entry drawn in respect of this promotion will be awarded the prize for this promotion as set out in clause 15 below.

The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

The winner in respect of the draw, will be notified in writing through the Instagram Messenger function associated with the Instagram account they used to enter this promotion, within 2 business days of the Time of Determination.

The winner in respect of the draw, will be published on the Promotional Post on the Instagram Page within 2 business days of the Time of Determination.

The winner(s) must respond to the notification and claim their prize within 4 weeks of the Time of Determination.

5. The top TikTok comment will be determined on creative merit by a panel of judges at Sanitarium Health Food Company, via Zoom at the Time of Determination specified for this promotion, as set out in clause 5.

The winner will be notified in writing through the TikTok Messenger function associated with the TikTok account they used to enter this promotion, within 2 business days of the Time of Determination. Therefore only entrants with TikTok privacy settings which allow UP&GO to direct message them are eligible to enter this promotion.

The winner will be published in a comment on the Promotional Post on the TikTok Page within 2 business days of the Time of Determination.

The winner must respond to the notification and claim their prize within 4 weeks of the Time of Determination.

  1. The prize(s) awarded to the winner for each promotion is listed in the table below.
Draw  Prize Number of winners Total Prize Value (NZD)
1. Dustsilver Blue Pink Milkshake 75 Percent Kawaii Wireless Backlit Mechanical Keyboard 1 $236
2. $200NZD Lululemon voucher for winner, $50NZD Lululemon voucher for tagged friend 2 $250
3. Plant Shop Voucher (of the winners choosing) to the value of $200 1 $200
4. UP&GO pyjamas 1 $34.95
5. Sony Headphones 1 $535
  1. There are no bonus prizes awarded as part of this Promotion.
  2. 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.
  3. Subject to the unclaimed prize draw clause, if for any reason the 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.
  4. The total prize pool value is $1255.95 NZD.
  5. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  6. A draw for the prizes for promotions 2, 3 and 4 (described above) if unclaimed will take place at Sanitarium Health Food Company at 124 Pah Road at 2pm NZST on 13 February 2023 (Unclaimed Prize Draw), subject to any directions from a regulatory authority. In the case of a winner, they will be notified in writing within 2 business days of the Unclaimed Prize Draw and must claim their prize within 3 weeks of the Unclaimed Prize Draw. The unclaimed prize winners (if any) will be published on the Instagram Page (on the Promotional Post) from 16 February 2023.
  7. If there is no prize winners or the prize winners (including any winner of the unclaimed prize draw) cannot be found, the Promoter will publish this information on the Instagram Page from 6 March 2023 for a period of 28 days.
  8. 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:
  • 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;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
  • 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
  • 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.

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

  1. As a condition of entering the 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.
  2. 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 the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  3. If the 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.
  4. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees.
  5. 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.
  6. Any cost associated with accessing Instagram and/or TikTok 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.
  7. The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok. Entrants understand that they are providing their information to the Promoter and not to Instagram or TikTok. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about the Promotion must be directed to the Promoter and not to Instagram or TikTok. Instagram/TikTok 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.
  8. 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 2020. You have the right to access your personal information and request correction of any errors in it pursuant to the Privacy Act 2020.