Eta Facebook Promotion - May 2022
Eta Crunches Promotion - Conditions of Entry
- Information on how to enter and prize details set out in all communications regarding the Eta Crunches Promotion (Promotion) form part of the Conditions of Entry. By participating in the Promotion, each entrant fully and unconditionally agrees that these Conditions of Entry and the decisions of the Promoter on all matters relating to the Promotion are final and binding.
- The "Promoter" is Eta, 39 Ash Road, Wiri, Auckland, New Zealand.
- The "Promotional Period" for this Promotion commences at 09.00am Monday 23rd May 2022 and closes at 11:59pm Sunday 29th May 2022 (local time in NZ).
- Subject to condition 5, entry into the Promotion is only open to participants who meet the following eligibility requirements:
a) who are residents of, and living in, New Zealand;
b) who have a Facebook account and have liked our Eta Facebook page;
c) who tell us in the post comments why they need a snack delivery;
d) who comply with these Conditions of Entry.
- Employees of the Promoter or the Promoter’s associated agencies or companies directly involved in the Promotion (as determined by the Promoter) and their immediate family members are ineligible to participate.
- Entrants may only enter the Promotion once. In the case of multiple entries from the same Facebook account, only the first valid and correct entry will be considered.
- There will be five (5) Eta Prize Packs for this promotion (Prize), consisting of Eta Crunches x5, Eta Ripples x5 and Sanitarium Marmite x2.
- The five (5) winners will be determined by random draw on Monday 30 May 2022. The five (5) winners will be notified by Facebook message and they will also be announced within the comments of the Promotion Facebook post.
- If a winner does not respond to the Facebook message with their delivery details within 14 days of notification, their Prize will, at the Promoter’s discretion, be redrawn or forfeited.
- The delivery of the Prize will take place within 14 days of the winners providing a physical delivery address within New Zealand (excluding PO boxes). The Promoter accepts no liability for any delay for any reason beyond its reasonable control relating to the delivery of the Prize.
- Entrants are identified by the Facebook account used to submit the entry. The Prize will be awarded to the holder of the Facebook account from which entry was submitted. 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. The Promoter takes no responsibility for disputes arising as a result of entries submitted by entrants using a Facebook account belonging to any other person.
- Entries will be deemed invalid and ineligible for entry to the Promotion in the following non-exhaustive cases:
a) The entrant promotes violence or illegal acts or publishes material containing pornograpic, obscene, hate, racist or other inappropriate content;
b) The entrant infringes any intellectual property rights or other rights of any person, corporation or entity;
c) The entrant posts unsolicited electronic commercial messages including overly repetitive messages, or repeatedly raises issues that have previously been addressed; or
d) An entry has been submitted by or through fraud or other illegal activity.
- The Promoter may communicate or advertise this competition using Facebook. However, the competition is no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant completely releases Facebook from any and all liability.
- Nothing in these Conditions of Entry is intended to restrict or limit any rights entrants may have under the Consumer Guarantees Act or any other applicable consumer protection laws. Except for warranties and conditions implied by law which cannot be excluded, the Promoter makes no representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these Conditions of Entry. To the extent that liability arises other than from the Consumer Guarantees Act the Promoter's liability is limited to, at its option: (a) the replacement of the prize or the supply of a prize of equivalent value; or (b) the payment, if it does not contravene any law, of the cost of the replacement or supply.
- To the extent permitted by law, the Promoter and its associated agencies and companies and their respective directors, officers, employees and agents will not be responsible in any way whatsoever in respect of the following: (a) technical failures of any kind including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure or the malfunctioning failure or unavailability of any computer, server, cable, line, network, hardware, software, internet service or web site; (b) unauthorised human intervention in any part of the entry process of the Promotion, including but not limited to theft, destruction or unauthorised access to, or alteration of the Promotion; (c) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (d) any entry that is late, lost, stolen, damaged or misdirected or otherwise not received; (e) any injury sustained by any person in relation to the Prize.
- The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion if fraud, technical failures or any other factor beyond the Promoter’s reasonable control adversely affects the Promoter’s ability to conduct the Promotion as contemplated in these Conditions of Entry. In such event, the Promoter reserves the right to award the prize at random from among the eligible entries received up to the time of the cancellation or modification.
- The Promoter will use its best endeavours to provide the Prize listed. If the prize is unavailable for whatever reason, the Promoter reserves the right to substitute that prize for a prize or item of an equivalent value.
- The Promoter’s failure to enforce any term of these Conditions of Entry shall not constitute a waiver of that or any other provision by the Promoter.
- Records of all entries and any copyright subsisting in an entry irrevocably becomes, at the time of entry, the sole property of the Promoter.
- The winners agree to be available for reasonable promotional and publicity purposes. This includes, but is not limited to, using the winners’ names and images, including via the Promoter's social media and websites.
- Information collected from entrants is subject to the privacy policies of the Promoter, which can be found at https://eta.co.nz/privacy-policy/ and will be handled in accordance with all applicable laws in New Zealand. Except where prohibited by law, participation in the Promotion constitutes consent by the entrant to the storage, use and disclosure of the entry details as set out in these Conditions of Entry and also constitutes acknowledgment by the entrant that Promoter may use overseas facilities to process, store or back up its information. However, this does not change any of the Promoter's commitments to safeguard the entrant's privacy.
- Entrants may access, and request correction of, their personal information held by the Promoter by contacting email@example.com .
- Any cancellation or modification to the Promotion will be notified on the Promoter’s website: https://eta.co.nz/terms-and-conditions/.
- If all or any part of any term or condition contained in these Conditions of Entry shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Conditions of Entry to the extent of the unenforceability, invalidity or illegality and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) had not been inserted herein.
- These Conditions of Entry shall be governed by the laws of New Zealand and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand.