Terms and Conditions - Hummingbird Mug & OOMPH! Coffee set

 

Schedule to Terms and Conditions of Entry
Promotion Name	Hummingbird Mug Giveaway
Promoter Details	Jacobs Douwe Egberts NZ of 43 Crooks Road, East Tamaki, Auckland, New Zealand
Website	https://www.hummingbirdcoffee.com/
Promotional Period	The Promotional Period starts at 12:01am on 20/04/2023 and closes at 11:59pm on 27/04/2023.
Entry Restrictions	Entry is only open to New Zealand residents aged 18 and over. Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this competition 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 1st cousin.
Entry Method	To enter, entrants must: -    Follow Hummingbird on Instagram -    Leave a comment on the post on what your favourite Hummingbird coffee is and why -   The Entrant’s account must be set to “public” for the Promotion Period for your entry to be valid.
Maximum Entries Permitted	Limited to one (1) entry per person.
Judging Criteria	The Promotion is a game of skill and chance plays no part in determining the winner. Each entry received within the Promotional Period will be judged individually based solely on the merits of creativity of your favourite Hummingbird coffee and why?   The winning entries will be the entries that are judged to be the most creative. The judges’ decision is final, and absolutely no correspondence will be entered into.   Judging of entries will be completed at the offices of the Promoter on 01/05/2023. 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.
Prize Winner Notification and Prize Delivery	Each winner will be notified within 48 hours of judging being finalised via their social media account provided the appropriate social media privacy account settings are activated (refer to Social Media Conditions below) with their entry to arrange delivery of their prize.   The prize must be claimed by the winner within 14 days of the Promoter announcing the competition results (including providing proof that an entry image was their original work). In the event that a winner fails to claim their prize by responding to the Promoter’s email or message through social media and providing a valid address for delivery in New Zealand, the prize will be forfeited and the Prize Winner who submitted the entry judged to be the next best will be offered the prize.
Prize Details and Value of Prize Pool	There are 10 prizes to be won. - Each prize: 2x Hummingbird Mugs and 2x 200g packs of Hummingbird OOMPH! Plunger coffee. The total prize pool value is $799.80 NZD
Social Media	This Promotion is running across Instagram, which has its own technical requirements, terms and conditions and fair usage policies. The Promoter accepts no responsibility if an entrant fails to follow the applicable requirements. The Entrant’s account must be set to “public” or set to “public” for the Promotion Period for your entry to be valid. Entrants must comply with the Promoter’s House Rules which can be read at https://www.hummingbirdcoffee.com/pages/terms-and-conditions-hummingbird-mug-oomph-coffee-set. The Promoter reserves the right to verify the validity of each entry and to disqualify any entry that fails to comply with these terms or any entrant who tampers with the entry process in any way. 1.            Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with Instagram’s Terms of Use which can be viewed at http://instagram.com/legal/terms.   2.                   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.   By entering the competition, each Entrant releases Instagram from all liability in relation to the competition and acknowledges that this competition is in no way sponsored, endorsed or administered by, or associated with Instagram and that any information provided by entrants is provided to the Promoter and not to  Instagram.
Conditions of Prize	All prizes will be subject to the terms and conditions of the company supplying the prizes.   Any ancillary costs associated with redeeming any of the prizes are not included

Standard Terms and Conditions

(a)             Information on how to enter the Promotion and the Prize/s on offer form part of these Terms and Conditions, which set out the requirements for the "Promotion".  Any entry not complying with these Terms and Conditions is invalid. Participation in this Promotion is deemed acceptance of these Terms and Conditions. Winning  a Prize/s is contingent upon fulfilling all of the requirements set forth in these Terms and Conditions.

 

(b)             No entries will be accepted outside of the Promotional Period.

 

(c)             The Promoter will use its best endeavours to provide the Prize/s listed. If any of the Prize/s are unavailable for reasons beyond the Promoter's reasonable control, the Promoter reserves the right to substitute that Prize or item for a Prize or item of an equivalent value and/or specification.

 

(d)             Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

 

(e)             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:

 

1. 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;

2. 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;

1. the Content is the original artistic work of the entrant that does not infringe the rights of any third party;

2. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act and warrant that they have the full authority to grant these rights; and

3. 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.

 

 

(f)              By entering the Promotion, each entrant agrees to provide the Promoter with a perpetual royalty-free licence to use and reproduce the Content of their entry, including their Instagram user name and image in any way including but not limited to the all of the Promoter’s social media pages and websites (and without compensation).

 

(g)             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 this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

 

(h)             By participating in the Promotion, the entrant warrants that their entry is original and does not infringe on the intellectual property rights of any third parties. If requested by the Promoter, the entrant must assign all rights, title and interest to their entry to the Promoter without compensation. The Promoter may, if required, request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.

 

(i)               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 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 its respective officers, employees and agents) 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 the promotion.

 

(j)               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 or prize claim 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.

 

(k)             The Promoter may require the entrant to provide proof of identity, age, and residency. If any entry cannot be verified to the Promoter's satisfaction, the entry may be declared invalid.

 

(l)               The Promoter reserves the right to verify the validity of entries and may in its sole discretion disqualify any entry or refuse to award the Prize to anyone who in its opinion has tampered with the entry process, has not complied with these Terms and Conditions, has gained any unfair advantage or has won by fraudulent means.

 

(m)            The Promoter and any other agencies associated with this Promotion will not be responsible for any late, lost or misdirected entries, including but not limited to entries not received due to technical problems. Entries are deemed to be received at time of receipt by the Promoter's database and not at the time of

 

transmission by the entrant. Records of the Promoter are final and conclusive at the time of receipt.

 

(n)             If for any reason beyond the Promoter's reasonable control this Promotion is not capable of running as planned, for reasons including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the reasonable control of the Promoter which corrupts or affects the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion (subject to any written direction given by a relevant Regulatory Authority) to disqualify any entrant, or to cancel, terminate, modify or suspend the Promotion.

 

(o)             The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings or the use of the Prize winnings. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.

 

(p)             If all or any part of any term or condition contained in these Terms and Conditions 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 Terms and Conditions 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.

 

(q)             Failure to supply all requested personal information at the time of submitting an entry may result in the entry being invalid. The information contained in the entry form will be subject to the Promoter's Privacy Policy, available at [https://www.hummingbirdcoffee.com/pages/privacy-policy].

 

(r)              By entering this Promotion, entrants consent to the release of their information to the Promoter's agencies in order to contact and verify the identity of the Prize Winner.

 

(s)             The Promoter's decision in relation to any aspect of the Promotion is final and binding on every person who enters, and no correspondence will be entered into.