VISA AND SPLENDOUR IN THE GRASS PROMOTION
TERMS & CONDITIONS – NEW ZEALAND
1 Information on how to enter this promotion and the prize to be won forms part of these Terms & Conditions. By participating, entrants (“you”) agree to be bound by these Terms & Conditions. Entries must comply with these Terms & Conditions to be valid.
2 Entry is only open to residents of New Zealand who are aged 18 years or over and who are Visa cardholders.
3 Employees (including contractor staff) of the Promoter and their Immediate Families, and any of the Promoter's agencies, suppliers or contractors associated with this promotion and their Immediate Families, 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.)
4 The Promoter reserves the right, in its sole discretion, but shall not be under any obligation, to verify the validity of any entry or any information provided by an entrant (including his or her age, identity, residential address and any other information relevant to entry into, or participation in, this promotion). If the Promoter, in its sole discretion, carries out any verification, its decision shall be final and you agree not to make any claim or complaint in relation to the same. The Promoter may, in its sole discretion, disqualify any individual who submits an entry that in the sole opinion of the Promoter is not in accordance with these Terms & Conditions or who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering in any way with this promotion. Entrants agree and acknowledge that the Promoter shall not be obliged to explain or disclose its reasons for disqualification, and that all disqualification decisions made by the Promoter shall be final and not subject to challenge or inquiry. 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 are expressly and generally reserved.
5 This promotion commences at 12.01am on Wednesday, 6 June 2018 and final entries close at 11.59pm on Wednesday, 20 June 2018 (“Promotional Period”). All times are NZT, as applicable in New Zealand.
How to Enter
6 To participate in the promotion, the entrant must complete one (1) of the following steps during the Promotional Period to submit an “Entry”. New Zealand-resident entrants can only enter the promotion through the New Zealand Visa social media channels described below.
(a) Instagram Entry:
(i) access and login to your Instagram account;
(ii) visit the Visa NZ page on Instagram at www.instagram.com/Visa_NZ (“Visa Instagram Page”);
(iii) locate the promotional post on the Visa Instagram Page which includes the text "Splendour in the Grass" or refers to "Willy";
(iv) post a comment in the comments section under the promotional post creatively asking Willy nicely for tickets to Splendour in the Grass. No private messages will be considered.
(b) Facebook Entry:
(i) access and login to your Facebook account;
(ii) visit the Visa New Zealand page on Facebook at www.facebook.com/VisaNewZealand (“Visa Facebook Page”);
(iii) locate the promotional post on the Visa Facebook Page which includes the text "Splendour in the Grass" or refers to "Willy";
(iv) post either a comment, image or video in the comments section under the post creatively asking Willy nicely for tickets to Splendour in the Grass. No private messages will be considered.
7 Any uploaded files must be submitted in accordance with the relevant platform’s requirements and must not exceed four (4) MB file size.
8 Incomplete, indecipherable, or illegible Entries will be deemed invalid.
9 Only one (1) Entry is permitted per person. For the avoidance of doubt, one (1) Entry on either Instagram or Facebook, not both platforms, is permitted per person. Each entrant is eligible to win a maximum of one (1) Prize.
10 Entries must be received before the end of the Promotional Period. Entries are deemed to be made at the time of receipt by the Promoter, not the time of posting or transmission by the entrant. The Promoter accepts no responsibility for any entries not received for any reason (whether or not due to any negligence by the Promoter), including without limitation any technical errors, misdirection or misspellings.
11 This is a game of skill and chance plays no part in determining the winners. All entries will be judged individually on their merits based on the creativity of the Entries. The Entries which include the most creative way to ask Willy nicely for Splendour in the Grass tickets, as determined by the judges, will receive a Prize. All entrants acknowledge and agree that there is an element of subjectivity in the judging criteria. All decisions by the judges will be final and no correspondence will be entered into. Entrants irrevocably agree not to challenge the results of the promotion or any decision made by the judges.
12 Each entrant warrants to the Promoter that the Entry submitted by them is an original creative work of the entrant that does not infringe the rights of any third party. All Entries must comply with and are subject to the these Terms and Conditions. Entries that contain prohibited or inappropriate content, including content contrary to the Promoter's values, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
13 Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments 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:
(a) they will not submit any Content that is unlawful or fraudulent, or that is 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;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1994 (NZ) and warrant that they have the full authority to grant these rights; and
(f) 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.
14 The Promoter may, but is not required to, screen or monitor Entries, including for compliance with the requirements set out above. The Promoter will make all determinations as to the compliance and appropriateness of Entry submissions in its sole discretion. Entrants irrevocably agree and acknowledge that the Promoter may reject, edit or remove any Entry at any time without notice and without assigning any reason whatsoever.
15 Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the terms in clauses 12 and 13 above.
16 There will be one (1) prize to be won across New Zealand during the Promotional Period, as described below. The total prize pool value is AU$2,656 if travelling from Wellington or AU$2,256 if travelling from Auckland.
17 The best one (1) valid Entry received for the promotion (selected from all Entries received across Instagram and Facebook during the Promotional Period), as determined by the judges will win the following prize ("Prize"), valued at AU$2,656 if travelling from Wellington or AU$2,256 if travelling from Auckland:
(a) two (2) x three (3) day Splendour in the Grass event tickets;
(b) two (2) x five (5) night (Wednesday, 18 July 2018 to Monday, 23 July 2018) Splendour in the Grass camping tickets; and
(c) two (2) x return economy class flights from either Wellington or Auckland and transfers between the airport and Byron Bay, Australia (but not from the winner's residence to either Wellington or Auckland airports).
18 The Prize excludes:
(a) any additional International/domestic flights, train, car or other travel costs outside of the return economy flights and airport transfers listed above;
(b) any meal, event and/or activity outside of the event schedule, including transportation;
(c) additional spending money, additional meals, taxes, insurance, passports, visas, vaccinations, transport to and from departure point in New Zealand, additional transfers, items of a personal nature, and all other ancillary costs.
19 The flight itinerary will be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her travel companion must depart from and return to the same departure point and travel together. The Prize cannot be separated into separate trips or components. Frequent flyer points will not form part of the prize. The Prize is subject to the standard terms and conditions of individual prize and service providers. Travel companion must be 18 years or over.
20 It is a condition of accepting the Prize that the winner and his/her travel companion arrange for, at their own expense, comprehensive and valid travel insurance with the highest available coverage for their period of travel. The winner and his/her travel companion may be required to provide evidence of appropriate travel insurance prior to the winner and his/her travel companion availing of, or participating in, any element of the Prize
21 The winner and his/her travel companion will be solely responsible for the payment of any change, amendment or cancellation fees incurred as a result of the winner and/or his/her travel companion changing or cancelling a booking.
22 Any ancillary costs associated with redeeming an event ticket or camping ticket are not included. Any unused balance of an event ticket or camping ticket will not be awarded as cash. Redemption of an event ticket and camping ticket is subject to any terms and conditions of the issuer including those specified on the event ticket or camping ticket.
23 Any costs associated with entering this promotion or claiming a prize are the responsibility of the entrant and under no circumstances whatsoever may a claim be brought against the Promoter for any such costs (whether as damages, loss, expense or otherwise).
24 The Prize is subject to the Splendour in the Grass event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organizers hereby expressly reserve the right to eject any winner (and/or any companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
25 The description and stated value of the Prize is provided by the supplier and are correct at the time of publication. Notwithstanding the foregoing, if the Prize (or part of the Prize) is unavailable, the Promoter reserves the full right to substitute any or all of the Prize with alternative(s) of equal or greater value and/or specification.
26 For the avoidance of doubt, the Promoter will not provide any substitute for the Prize if the Splendour in the Grass festival (or part thereof) is cancelled, suspended, delayed or postponed, or if the winner is not able to, fails to, or is unwilling to travel to the relevant destination for any reason not due to the fault of the Promoter (including without limitation any travel ban or health/travel warnings). All travel is at the winner’s and his/her travel companion's own risk.
27 The final judging will commence at 9.15am on the following day after entries close at Proximity Auckland, 100 College Hill, Auckland, New Zealand. The Promoter’s decision is final and no correspondence will be entered into. The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case of an invalid Entry or ineligible entrant.
28 Winners will be notified via the social media network profile through which they submitted their winning Entry, by Friday, 22 June 2018, by a direct message on the social media platform that the Entry was made. For example, if the entrant made their winning Entry via Facebook they will be contacted by a direct message on Facebook.
29 Winners must contact the Promoter within 5 calendar days of the day that the notification was issued by the Promoter to the winner’s Instagram or Facebook profile, and follow the instructions set out in the notification. If for any reason a winner does not take or claim the Prize (or an element of the Prize ) by the time stipulated by the Promoter, then the Promoter has the sole right and discretion (without the need for further notification) to select an alternative winner and the original winner will automatically forfeit the Prize in such an event. If the Prize remains unclaimed or unawarded by Wednesday, 4 July 2018, the Promoter may dispose of the Prize as it sees fit.
30 The Prize must be taken on Wednesday, 18 July 2018 to Monday, 23 July 2018 at the Splendour in the Grass festival, in Byron Bay, NSW, Australia. If the winner is not available to attend Splendour in the Grass on the relevant dates for any reason (including, but not limited to, inability to travel), the Prize is forfeited.
31 The Prize cannot be resold (at a premium or otherwise) or advertised or offered for resale on the Internet or any other medium.
32 The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. All taxes that may be payable as a consequence of receiving the Prize are the sole responsibility of the winner.
33 The winner of the Prize must immediately provide a copy of these Terms and Conditions to his or her chosen guests. By agreeing to participate in the Prize, the guest agrees to be bound by these Terms and Conditions in the same manner, and to the same extent, as the winner.
34 As a condition of accepting a prize, the winner and their companion may be required to sign legal documentation in the form required by the Promoter and/or prize suppliers, including but not limited to a legal release and indemnity form. The winner will take responsibility for all breaches, acts and omissions of his/her companion which shall be deemed as the winner’s breach, act or omission (as the case may be).
35 By submitting an Entry, you grant the Promoter, its affiliates and sub-licensees a non-exclusive, irrevocable, perpetual, royalty-free, worldwide license (“Licence”) to use, reproduce, distribute, display, perform, redact, edit, republish, sublicense, translate, copy and create derivative works from your Entry, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media now known or hereafter developed, without any payment, compensation or further notification to or permission from you. You agree to be solely liable for your Entries and all content contained in them. Pursuant to the grant of the Licence as aforesaid, for the avoidance of doubt you consent to the Promoter, and anyone acting on behalf of the Promoter, doing any act in accordance with the Licence that would otherwise constitute an infringement of any moral or intellectual property rights that you or any other relevant party may have in your Entry.
36 Entrants consent to the Promoter using the entrant's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
37 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
38 Any cost associated with accessing Facebook or 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.
39 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 (New Zealand) as well as any other implied warranties under similar consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude 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.
40 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude 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 or prize 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;
(f) if the Splendour in the Grass event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; or
(g) use/redemption of a prize.
41 To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the control of the Promoter which affect the proper conduct or administration of this promotion, or prevent the awarding of a prize in accordance with these Terms and Conditions. If such event occurs, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.
42 As a condition of participating in the promotion, all entrants (whether or not a winner and their companion) will indemnify the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with this promotion and its affiliates against all claims, damages, liabilities, costs and expenses (including costs on a solicitor-client basis) which the Promoter and its affiliates may incur arising out of their participation in the Promotion or (if applicable) the Prize, by the entrant, any breach of these Terms and Conditions, or any wrongful or illegal act or omission in the promotion and/or course of participating in the prize, howsoever caused.
45 Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. 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. Facebook 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.
46 Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms. 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 not to 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.
47 The laws of New Zealand apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New Zealand.
48 The promoter is Visa Worldwide (New Zealand) Limited of Level 13, HSBC Building, Queen Street, Auckland, 1010, (09) 926 2030 (“Promoter”).