Promotion and Contests Terms & Conditions
TERM AND CONDITION FOR PROMOTION AND SPECIAL OFFER
1. These are the terms and conditions which apply to any competition, prize draw or promotion which we or our promotion partners may run, whether on our or their websites, social media platforms, on-air or otherwise (' Promotion').
2. By entering a Promotion you agree to be bound by these terms and conditions along with any other Specific Rules which relate to a Promotion. Specific Rules might include entry instructions and any other specific details, rules or conditions relating to a particular Promotion, and might be published on our or our promotion partners' website, social media platforms, or may be found in any other media which features a Promotion. The Specific Rules will usually (but may not always) refer to these terms and conditions.
3. In these terms and conditions, 'we', ' us', 'our', and 'Promoter ' all mean BED NZ / BUDGET BEDS. Our address for Budget Beds is 245 Church St, Onehunga Auckland, and BEDS NZ is 199 Lincoln Road, Henderson, Auckland
Our 'promotion partners' are third parties who operate promotions with us or on our behalf - they will be named in the Specific Rules.
Start and end date/time
START AND END DATE/TIME
4. Each Promotion will be time bound [for specific time such as Monday (date) to Friday (date)]unless a later start date/time is specified. The closing date/time for a Promotion will be made clear in the Specific Rules or the relevant promotional materials. All times will be based on NZ time.
ENTERING A PROMOTION
5. Each Promotion will only be open to individuals who are NZ residents and aged 18 or over, unless the Specific Rules or other promotional materials or announcements specify a different geographic region or a different minimum age.
6. In any event, our employees, agencies, freelancers, contractors (and those of any of our promotion partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the relevant Promotion, are excluded from entering and from winning ('Excluded Individual(s)’) However it may be sometime any friend or friend of friend may participate without our knowledge will be considered as normal participant. Though we don’t encourage any known person to participate but unable to limit this 100%.
7. To enter, participant must follow the entry process for the relevant Promotion, which will usually be explained in the Specific Rules and/or promotional materials or announcements.
8. You may only make a maximum of one entry into each Promotion (unless the Specific Rules for a particular Promotion expressly set a higher maximum number of entries for that Promotion) which means one person / family can participate / enter once for each individual promotion.
9. There is no charge to enter a Promotion. However, if entry is made via text message or telephone call, your network provider will usually charge according to their standard rate or deduct it from your allowance. If entry is made by text message, be sure to use the correct short-code (codes / phrase /) ; be aware that short-codes change from Promotion to Promotion. In all cases, please check with your service provider for more details. If you are not the bill payer, you must obtain the bill payer's permission before entering.
10. If entry involves a live call-in, ensure you answer your telephone when we phone you. If you fail to do so, or if the call becomes disconnected or you are not audible for any reason beyond our control (including, but not only, low/no signal on your device, or a call being dropped by any network, etc.) before or during the Promotion, you may be disqualified, and we reserve the right to select another entrant to participate in the Promotion.
PRIZES OR BENEFITS
11. The prize or prizes will be as described in the relevant Specific Rules. Imagery may be for illustrative purposes only, and colors and other minor details may vary.
12. Each prize is non-transferable, non-refundable and no cash alternative is available.
13. If we consider it necessary or appropriate, a prize or prizes (or part thereof) might be varied or swapped for a suitable alternative which will be decided in our sole discretion.
14. If you fail to claim the prize within the time-limit or fail to comply with any other instructions or time-limits notified to you or provide us with incorrect or fraudulent information, you will forfeit your right to the prize. We will then select an alternative winner. You'll need proof of your ID to claim a prize - in relation to on-air Promotions, this may include proof that your voice matches that of the relevant entrant/winner.
15. You will not be entitled to receive a prize which, for any reason, you would be prohibited by law from purchasing, using, owning, or possessing.
16. The prize cannot be used in conjunction with other offers, promotions or prizes.
17. Third-party terms and conditions apply to parts of a prize where applicable. For example, where the Prize contains ticket(s) to an event, you and any guest or travel companion will not only be bound by these terms and conditions and the relevant.
18. Unless otherwise stated in the Specific Rules, you may not win more than one prize per Promotion and we reserve the right to withhold or reclaim any second or subsequent prize.
ADDITIONAL TERMS RELATING SPECIFICALLY TO PRIZES
19. Unless the Specific Rules state otherwise, you will be responsible for all ancillary expenses in relation to the prize which aren't expressly included. So, the cost of delivery, tax, packing, and so on will not be included unless they are expressly included in the prize description. You must ensure that you have sufficient financial resources to meet any financial commitments which you may incur in connection with the prize beyond those which are included as part of the prize. You must not commit us to any costs or expenses without our prior written consent (which we are not obliged to give) and will remain liable for such costs if you attempt to do so.
PUBLICITY AND IDENTITY OF WINNERS
20. If you win a prize may be required to take part in reasonable publicity.
34. We and the prize provider may publish and publicize your name, image, social media handle and/or profile picture, and your entry, and we may refer to your and your guest's or travel companion's association with the Promotion and/or the prize, in any and all media, worldwide, in perpetuity, for publicity and PR purposes.
21. We may carry out an interview with you by telephone or in-person and we may film, record, and/or photograph the interview and we may use such film, recording, and/or photograph(s) for publicity and PR purposes in any and all media, worldwide in perpetuity.
USE OF YOUR ENTRY
22. By entering a Promotion or submitting a video, image, audio file or any other materials in relation to a Promotion (including as part of the entry process or as part of a prize) or if you tag or mention us directly or indirectly in any photo, video or content in connection with the Promotion, you agree that we can re-post, re-tweet, publicize and otherwise use that photo, video or content (with or without any accompanying comments and information like your handle and profile pic). You agree that we can do that via the same platform(s) that you posted or shared the photo, video, or content, as well as via other social networks and platforms that we use, and on our websites. However, obviously we'll never sell or charge anyone for copies of your photos, videos, or other content (without your approval). And, just to be clear, unless otherwise expressly stated in the Specific Rules, you will remain the owner of the rights (e.g. copyright) in your photo, video or other content, but you agree not to use all or any of them in connection with a competitor of ours. You waive your moral rights in relation to the same.
23. You warrant and undertake (i.e. guarantee), that:
23.1 you own and control all of the rights in your entry, and you have the right to grant the rights set out in these terms and conditions and any Specific Rules;
23.2 you have obtained written consent from anyone featured or mentioned in your entry, and your entry (and our and any third party's use of it) does not and will not infringe the rights of any individual or business (including any intellectual property rights, moral rights, right to privacy, confidentiality, etc.);
23.3 your entry does not violate any applicable law or regulation;
23.4 your entry does not contain anything which is indecent, untrue, defamatory, unlawful, hateful, threatening, demeaning, inappropriate, obscene, malicious or which is in contempt of court;
23.5 your entry will not cause any kind of harm or damage and does not (to the best of your knowledge or belief) contain any virus, malware, spyware, or similar.
24. You will sign such a document as we reasonably request, at no cost to us, to confirm any or all of the above.
25. Unless otherwise stated, your entry will not be returned to you.
26. Your personal data will be collected and processed by us and the promotional partners named in the Specific Rules, as well as the prize providers, in order to administer this Prize Draw.
27. We may also use entrants' personal data for marketing purposes where consent has been provided. By submitting / sending your details it is deemed that you have given your consent.
28. In no event will our and/or the promotion partners' total aggregate liability to you exceed the cost of the prize.
29. Unless otherwise expressly stated in the Specific Rules, the Promotions are in no way sponsored, endorsed or administered by, or associated with any social media platform (including without limitation Twitter, Facebook, Instagram or YouTube). You hereby release all such social media platforms from any liability. Any questions, comments or complaints regarding this Promotion must be directed to the Promoter only, and NOT to any social media platform.
30. We reserve the right to withdraw or amend any Promotion, Specific Rules, and/or these terms and conditions if we consider it necessary or appropriate to do so for reasons beyond our reasonable control or if there has been a broadcasting or printing error, etc. Any changes will be posted here and/or on our website.
31. When entering a Promotion or claiming a prize you must use your real name. You may be required to provide us with proof of your identity and eligibility on request. Failure to provide adequate information (or to adequately prove eligibility) may result in your disqualification and/or withholding or withdrawal of a prize.
32. No multiple, bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We will disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods (including multiple entries, unless permitted) from the same IP address, telephone number, or similar. You may not enter a Promotion if you have been given the answer(s) or any other relevant information in relation to the Promotion, directly or indirectly by any Excluded Individual.
33. For Promotions involving online voting, only one vote for each individual & their valid email address will be accepted. We reserve the right to disqualify any entrant making or attempting to make, multiple votes, and to disregard any votes which we, in our sole discretion but acting reasonably, consider to be suspicious or fraudulent.
34. You agree to keep confidential any information which you know or reasonably ought to know is confidential and which relates to us, our business, the Promotion or prize.
35. If Specific Rules contain a rule which directly contradicts these terms and conditions, to the extent of that contradiction the Specific Rules will override these terms and conditions for that Promotion. Otherwise, these terms and conditions will continue to apply in their entirety.
36. In these terms and conditions, any Specific Rules and promotional materials, examples are given to help illustrate some terms, they are not exhaustive and do not limit those terms in any way.
37. In the event of any dispute, our and any judges' decisions are final and no correspondence will be entered into.
38. These terms and conditions, together with the relevant Specific Rules, represent the entire agreement between you and us in relation to the Promotion and the prize. The invalidity, illegality, or unenforceability of the whole or any part of the terms and conditions or any Specific Rules does not affect the remainder of these terms and conditions or any Specific Rules, which will remain in full force and effect. These terms and conditions and the Specific Rules do not create any right or benefit enforceable by any third party.
39. For all inquiries in relation to a Promotion or these terms and conditions, please contact our email.