Game of Skill Promotions New Zealand
SOUP GAME OF SKILL PROMOTIONS
GENERAL CONDITIONS OF ENTRY
- These General Conditions of Entry apply to all game of skill promotions conducted by The Little Corporation Pty Limited trading as Soup, ABN 77 123 825 669, of Level 6, 8 Hill Street, Surry Hills NSW 2010 (Soup). Chance plays no part in determining the winners.
- Entry is open to residents of New Zealand aged who are members of Soup (see general member Terms & Conditions or are invited by members of Soup to enter a promotion (Members). The directors, management and employees of Soup, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of the promotion are ineligible to enter the promotion.
- Members aged under 18 years must obtain the consent of their parent or legal guardian to enter any promotion conducted by Soup and provide personal information about themselves. All entries of Members who are under the age of 18 years and enter a promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These General Conditions of Entry will bind the Members and any parent or legal guardian who gives their consent (for Members aged under 18 years). If any prize winner is aged under 18 years, the prize will be awarded to the parent or legal guardian who consented to the winner entering the particular promotion on behalf of the winner, at the discretion of Soup.
- Entry into any game of skill promotion conducted by Soup is deemed acceptance of these General Conditions of Entry by each Member. Entry will be as advertised via any one (1) of Soup’s communication channels, including but not limited to, an electronic direct mail invitation, a printed letter, postcard or an online website, blog forum or platform (each, a Promotional Communication). All information on how to enter, mechanics of entry, where entries may be featured to the public, and prizes contained in the Promotional Communication or elsewhere form part of these General Conditions of Entry. Soup may at any time revise these General Conditions of Entry by updating this posting. Since each Member is bound by these General Conditions of Entry, Members should periodically visit this page before entering and participating in any promotion.
- The start, finish and judging dates for each promotion will be as advertised in the Promotional Communication. All eligible entries will be judged by a panel of appropriately qualified judges at the office premises of Soup unless otherwise specified in the Promotional Communication. All entries will be judged on the basis of originality, creativity and any other relevant judging criteria relevant to the promotion as advertised in the Promotional Communication. The winners will be notified in writing within four (4) weeks of the judging date, unless otherwise specified in the Promotional Communication. All reasonable steps to notify winners will be taken by Soup. Soup’s decision is final and no correspondence will be entered into.
- To enter an advertised promotion, Members must, during the promotional period for that promotion, fully and correctly complete and successfully submit the entry form in the manner required as outlined for the relevant promotion in the Promotional Communication. Members will be required to provide all mandatory information required for an advertised promotion they enter in order to complete their entry. Such information may include, but is not limited to, the Member’s name, residential address, current and valid email address and telephone number. In order to complete their entry, Members may also be required to submit or upload content or multiple pieces of content, including but not limited to, an answer or answers (which may be to a specified word limit) to a promotional question or survey, an image, a video or any other form of user-generated content as advertised in the Promotional Communication (Content).
- Multiple Entries accepted (unless specified otherwise on the Promotional Communication) however each entry must be submitted separately, must be substantially unique and must independently comply with these General Conditions of Entry.
- Entries will be deemed accepted at the time of receipt by Soup and not at the time of transmission. Entries received will be considered final by Soup. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. Soup accepts no responsibility for late, lost or misdirected entries. Any contact details entered incorrectly by a Member will deem an entry invalid. Entries must be received by Soup during the promotional period for an advertised promotion.
- Up to the amount of eligible entries (as advertised for a relevant promotion) will be judged to be the best entries from all entries received in each advertised promotion, and each will win one (1) prize pack containing the prizes as advertised for a given promotion. Prize packs will contain prizes that may include a combination of one (1) or more of the following prize types: vouchers, gift cards, tickets, event passes (which may include travel to the event), debit cards, cash, consumer goods, product samples, food, alcohol, clothing, accessories, personal or household items or appliances, and toys. Prize pack value for a promotion will be as advertised.
- Prize packs are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Prize packs must be taken as offered and cannot be varied. Soup accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Soup accepts no responsibility for any variation in prize pack value. All prize pack values are the recommended retail price including GST.
- Vouchers, gift cards, debit cards, passes and tickets offered as part of a prize pack (if any) are subject to prevailing terms and conditions of use including expiration dates and are not replaceable if lost.
- If any prize pack is to include a prize/s involving an event, tour, use of premises or some other third party activity, acceptance of the prize will always be subject to any prevailing terms and conditions of relevant organisers (including but not limited to ground security and ticketing) as well as accommodation/transport/services/transfers or tour providers. No compensation will be payable if the winner, or their companions (if applicable), are unable to use any element of the prize as stated for whatever reason, including refusal of entry or ejection from a location or participation in certain activities for health, age, behaviour or safety reasons.
- If any prize pack is to include a prize/s involving domestic or international air travel, the winner and companion/s (if applicable) are solely responsible for, at their own expense (where relevant), ensuring all required passports, visas, insurances, travel authorisations and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by Soup. Failure to do so may result in the prize being forfeited. Accommodation and travel is subject to booking, accommodation and flight availability. The winner and companion/s (if applicable) may not accrue frequent flyer points. Use of the prize in this way or any passes or vouchers issued as part of using the prize in this way may be subject to prevailing prize supplier terms and conditions of use. The prize cannot be used in conjunction with travel discounts or special offers. No extension or variation of the prize will be permitted (unless otherwise specified). All travel arrangements must be booked and organised through Soup.
- If any prize pack is to include a prize/s involving the opportunity for the winner to participate in a dangerous activity, the winner and their companion(s) (if any) acknowledge that the activity may result in injury or death, and participates at their own risk. The winner and their companions (if any): (a) must attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of Soup and any prize supplier as determined by them in their absolute discretion; (b) must declare to Soup or a prize supplier (as applicable) any health-related issues that may affect his/her safe participation in any part of the prize and obtain a written clearance from their doctor in this respect; (c) must not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any part of the prize; (d) must not be under the influence of any drugs or alcohol; (e) must comply with all directions of Soup and a prize supplier; and (f) must wear all safety and other equipment required. Soup and any prize supplier in their absolute discretion: (a) reserve the right to refuse to allow the winner and companion(s) (if any) to take part in any or all aspects of the prize if they reasonably believe the prize winner and/or companion(s) (if any) poses a safety risk or for any other reason; (b) may cancel the relevant component of the prize if the conditions are deemed dangerous.
- If any prize pack is to include a prize/s involving alcohol, Soup encourages consumers to enjoy alcohol in moderation. Legal aged consumers are advised to consider the ‘low risk drinking’ guideline recommended in the National Health & Medical Research Council New Zealand Alcohol Guidelines which states: for healthy men and women, drinking no more than two standard drinks on any day reduces your risk of harm from alcohol-related disease or injury over a lifetime. Drinking no more than four standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. A full version of the guidelines is available at: http://www.legislation.govt.nz/act/public/1989/0063/latest/DLM165116.html. Participation in the promotion is subject to relevant liquor legislation in each applicable State or Territory, including responsible service of alcohol. Consumers are also encouraged to visit the New Zealand Government’s information site for alcohol at www.alcohol.org.nz.
- All additional costs which may be incurred in acceptance and use of any prize pack (outside those costs expressly stated to be included in the prize pack), are the responsibility of the winner. Such additional costs may include, but are not limited to, transportation, meals, beverages, telephone calls, connection, access and telephone or data plan charges, laundry services, spending money, transport to and from an airport departure point, other transfers, taxes including arrival and departure taxes (if applicable), insurance, travel insurance, passports and visas (if applicable).
- Where a promotion involves the submission of any Content, entries must adhere to format and technical requirements (including but not limited to any size and length limitations) as advertised in the Promotional Communication for the relevant promotion. By participating in the promotion, Members acknowledge and agree that their Content may be featured on an online platform, blog forum, project community website or printed item of Soup for public viewing for the duration of the promotion’s promotional period and may also be featured on a third party website as advertised in the Promotional Communication (including social media platforms) (each, an Online Platform).
- Any entries that contain Content that Soup, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or that Soup considers, in its sole discretion, to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible entries into the promotion. This includes, but is not limited to, any entry which Soup considers to be disparaging to its or its clients’ products and/or services.
- By entering a promotion, a Member warrants to Soup:
- that they own the content of their entry in any way for use in any media worldwide and in perpetuity;
- that their entry does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to Intellectual Property Rights) of any person, corporation or entity;
- in respect of entries that include images or references to third parties or third party property, that they have, before submitting their entry, obtained the required written consents and releases from those third parties (or third party property owners) to include such images or references in their entry and submit that entry into the relevant promotion;
- in respect of entries that include images or references to third parties, that the third party participant has been informed by the Member and agrees in writing that such third party participant’s image or reference may be used by Soup in any media for an unlimited period of time without remuneration or compensation to the third party participant for the purpose of promoting, publicising or marketing the promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by Soup or promoting Soup generally;
- that their entry does not contain content that is illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
- that their entry does not contain content that is contrary to the requirements or directions of relevant Regulators;
- that their entry does not contain content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
- that their entry does not contain content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- that their entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;
- that during the course of creating their entry, their conduct was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory or harassing to any person; and
- that the Member agrees that if their entry is accepted by Soup, it may be available on an Online Platform or on a third party website (including a social media platform) for public viewing and that their entry may be used by Soup and/or in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising and/or marketing the promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by Soup or a client of Soup (if advertised).
- Unless otherwise stated, each Member retains all right, title and interest in all Intellectual Property Rights in any Content or other contribution the Member makes to the Online Platform for the purposes of the promotion, however it is a condition of uploading Content or contributing to the promotion that the Member exclusively and irrevocably licenses to Soup the right to use the Member’s Content or other contribution in New Zealand and New Zealand in any media for an unlimited period of time without remuneration or compensation for any reason including but not limited to future promotional, marketing or publicity purposes relating to Soup or a specified brand and product line of a client of Soup. Each Member must, upon request by Soup, execute all documents and perform all acts necessary to grant such a licence to Soup.
- Each Member consents for the benefit of Soup to all or any acts or omissions that would ordinarily constitute an infringement of the Member’s Moral Rights in relation to all Intellectual Property Rights in any Content that the Member may create or generate and upload to Soup for the Online Platform. Moral Rights has the meaning given to it in the Copyright Act 1968 (Cth), and includes: a right of attribution of authorship; a right not to have authorship falsely attributed; and a right of integrity of authorship.
- Members are solely responsible and liable for their Content, any other content of their entry, and any other information they transmit to other internet users. All entries are subject to the Online Platform’s prevailing terms and conditions of use. Soup may delete any Content posted on the Online Platform in accordance with the Online Platform’s prevailing terms and conditions of use. Any entries that are removed by Soup will not be considered eligible entries for the purposes of the promotion. Soup is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any entries submitted for the purposes of the promotion (including but not limited to any illegal, incorrect or inaccurate Content and third party advertising).
- Each Member indemnifies, and must defend and hold harmless, Soup, its employees, servants, agents and contractors, from and against all Losses arising from: a breach by the Member of any of these General Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Member of any of these General Conditions of Entry; a negligent, wilful or otherwise wrongful act or omission of the Member; fraudulent or dishonest acts or omissions by the Member; any breach by the Member of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Member entering the promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Member; and any claim or allegation that the Member’s entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.
- Should the promotion involve Facebook, Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at www.facebook.com. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Members understand that they are providing their information to Soup and not to Facebook. To the extent permitted by law, each Member agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by a Member in respect of the Member’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to Soup and not to Facebook.
- Soup may elect to award a prize pack to the next best judged entry within three months from the date of the original judging in order to award the prize pack if unclaimed by that date. Should an unclaimed prize judging take place, each unclaimed prize winner will be notified in writing. All reasonable steps to notify any winner of the results of the judging will be taken by Soup. Judges’ decision is final and no correspondence will be entered into.
- Members can only enter in their own name. Members who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of a Member who is deemed by Soup to have provided incorrect, misleading or fraudulent information may, at the discretion of Soup, be deemed invalid. Soup reserves the right to request the Member produce (within the requested time) appropriate photo identification or other documentation (to Soup’s satisfaction, at its sole discretion) in order to confirm the Member’s identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the Member in entering the promotion, before issuing a prize. If the documentation required by Soup is not received by Soup (or its nominated agent) or a Member or entry has not been verified or validated to Soup’s satisfaction then all the entries of that Member will be ineligible and deemed invalid.
- Soup reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Member for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these General Conditions of Entry; or (c) if the Member is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. Soup’s legal rights to recover damages or other compensation from such an offender are reserved.
- If a promotion requires the purchase of a product or a particular type of activity or engagement in order to enter, as advertised in the Promotional Communication, Members must retain and may be required to present proof of each eligible purchase or proof of activity or engagement in order to claim a prize pack. A Member may be required to provide to Soup proof of purchase for all eligible purchases made or proof of all promotional activity or engagement. If a Member is unable to provide proof of purchase for all eligible purchases made or proof of all promotional activity or engagement within the required timeframes, then all the entries of that Member may be ineligible and deemed invalid. Proof of purchase may include showing the original and providing a photocopy of the store receipt for each eligible purchase made during the promotional period. Proof of activity or engagement may include written records or photographic records of the Member carrying out a particular task as required for entry and participation in the promotion and use and acceptance of any prize pack.
- A prize will only be awarded following any entry and winner validation and verification that Soup requires in its sole discretion. This may include, but is not limited to, verification that the Member utilised the prize pack in the manner stated in their entry, where entry into the promotion calls for the Member to describe how they would use the prize pack in the event they were a winner.
- It is a condition of accepting a prize that the winner may be required to sign a legal release or releases in a form determined by Soup in its absolute discretion.
- The use of any automated entry software or any mechanical, electronic or other means that allows a Member to automatically enter repeatedly is prohibited and will render all entries submitted by that Member invalid. Any costs associated with accessing the Online Platform remain the responsibility of each Member and may vary depending on the Internet service provider used.
- Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Online Platform or the information on the Online Platform, or to otherwise undermine the legitimate operation of the promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, Soup reserves the right to seek damages to the fullest extent permitted by law. If Soup suffers loss or incurs any costs in connection with any breach of these General Conditions of Entry or any other legal obligation by a Member, the Member agrees to indemnify Soup for those losses, damages and costs.
- If a prize or element of a prize becomes unavailable, for any reason beyond Soup’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
- Soup, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to the promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims.
- If for any reason the promotion is not capable of running as planned for any reason beyond the reasonable control of Soup including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of Soup which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, Soup reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, and/or if necessary to provide an alternative prize or prizes to the same value as an original prize or prizes.
- As a condition of entering the promotion, a Member consents to, in the event they are a winner, Soup using the Member’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by Soup or any promotional partner or client of Soup. The Member agrees that, in the event they are a winner, the Member will participate in all reasonable promoted activities in relation to the Promotion as requested by Soup and its agents.
- By participating in the promotion, a Member also acknowledges that a further primary purpose for collection of the Member’s personal information by Soup is to enable Soup to use the information to assist Soup in improving goods and services and to contact the Member in the future with information on special offers or to provide the Member with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. Soup may share information with its New Zealand related companies or promotional partners who may contact the Member with special offers in this way. By entering the promotion, a Member acknowledges and agrees that Soup may use the Member’s personal information in the manner set out in this condition.
- If, for any given promotion, any Content is made available for public viewing by Soup on any Online Platform, a Regulator or any member of the public may wish to submit a notice, request, direction, complaint or instruction (Notification) to Soup in respect of any Content, entry or other contribution of any person on the Online Platform. Except for Regulators, Notifications must be submitted to Soup at firstname.lastname@example.org. If, during the promotional period, Soup receives a Notification in respect of any contribution on the Online Platform, Soup will consider the issues raised in the Notification and determine, in its sole discretion, whether the relevant contribution should be removed. The Member acknowledges and agrees Soup may, without any liability, take any steps necessary in order to respond or comply with a Notification (to the extent Soup is legally authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the requirements of a Regulator and may take these steps at any time and without further notice to the Member.
- If you consider that Content or any other contribution that has been posted is offensive, unsuitable or has in some other way breached these General Conditions of Entry, please email Soup at email@example.com with a link to the relevant Content or posting and your reasons for objecting to it. Soup will consider your objection and determine whether the Content or posting should be removed in its sole discretion. You will not necessarily be contacted as to Soup’s decision.
- In these General Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in New Zealand or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and New Zealand generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Regulators” means any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the New Zealand Association of National Advertisers, the New Zealand Communications and Media Authority, the Commonwealth Department of Broadband, Communications and the Digital Economy, the New Zealand Competition and Consumer Commission, the Office of the Privacy Commissioner, the Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations.