Terms & Conditions - Hummingbird Promo – Hummingbird Coffee

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Terms and Conditions - Hummingbird Promo

Promotion Conditions of Entry New Zealand – Game of Chance

Schedule to Terms and Conditions of Entry

Promotion Name

Hummingbird Consumer Promotion – daily prize draw

Promoter Details

  • Jacobs Douwe Egberts NZ of 43 Crooks Road, East Tamaki, Auckland, New Zealand

  • Multiplied (Agency) – 25 Hargreaves Street, Auckland Central, Auckland 1011

Website

Promotional Period


Start Date: [25/09/23] – 28 days

End Date: [22/10/23].  The cut off-date for purchasing from www.hummingbirdcoffee.com will be midnight 19 October 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 the Promotion, the entrant must:
  1. Purchase qualifying Hummingbird products (i.e. products that have the unique code on pack) from participating NZ retailers or https://www.hummingbirdcoffee.com/
    The cut-off date for online sales from Hummingbird’s online store is midnight 19 October 2023.  Products purchased after this date will not be part of the promotion.
  2. Enter the unique code that is on pack via the landing page (hummingbirdpromo.co.nz), complete the required fields in the form provided and select their preferred charity from the list of eligible charities set out on the landing page (Eligible Charities) during the Promotional Period to be in the daily draw.
  3. All valid entries entered prior to 25 September 2023 will be drawn on 26 September 2023 as part of the first draw.
All valid entries entered after the 22 October 2023 11:59pm will not qualify for the Hummingbird Consumer Promotion daily prize draw but will go in the 2nd chance draw – see Second Chance Prize Draw.  

Entries Permitted

Maximum 5 entries are permitted per day, per person

Prize Draw Details

The winning entry will be randomly drawn from all valid entries received before 11.59pm the previous day. Each daily prize draw will take place at 10am the following day, with the first prize draw taking place on 26/09/23 and the last prize draw taking place 23/10/23. The first valid entry to be drawn will win the daily Prize. The prize draw occurs daily at 25 Hargreaves Street, Auckland City, Auckland 1011. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn. The winner of a drawn prize is determined by chance.

In an event

  • where there are no valid entries on the day of a prize draw, that day’s prize draw will be drawn on the subsequent day along with that subsequent day’s prize draw. Where there are no valid entries on successive days, the prize draws for all days without valid entries will be drawn on the next available day in the Promotional Period where there are valid entries.
  • where the Promotional Period ends and there are daily prizes that have not been drawn due to no valid entries having been received, then the remaining prize pool will be donated in equal proportions to the Eligible Charities.

Prize Winner Notification

Each winner will be contacted by the Agency using the contact details provided to the Promoter/Agency and within 48 hours after the draw.

Unclaimed Prizes

Prize must be claimed within 14 days of notification. In the event of an unclaimed prize, the prize will be redrawn at 10am the next day following the 14 day period. The winner of the redraw will be notified by using the contact details provided to the Promoter and must claim the prize within fourteen (14) days of the notification.

Prize Details and Value of Prize Pool

The total prize pool value is $56,000. Prize details: A total of $28k with 28 daily prizes of $1000 each A total of $28k donation to Eligible Charities with 28 donations of $1000 each

Second Chance Prize Draw

All entries entered after the 22 October 2023 will not qualify for the Hummingbird Consumer Promotion daily prize draw but will go in the 2nd chance draw. Promotional period: 23 October 2023 – 3 December 2023 Entry Restrictions: same restrictions as set out above Entries Permitted: same restrictions as set out above Entry Method:

  1. Purchase qualifying Hummingbird products from participating NZ retailers or https://www.hummingbirdcoffee.com/

  2. Enter the unique code that is on pack via the landing page (hummingbirdpromo.co.nz) and complete the required fields in the form provided to be in the draw.

Prize details: Total prize pool is $432 1 years’ worth of coffee = 48 x 200g Hummingbird coffee of the winner’s choice [RRP $9 each] Every 2 months the winner will be sent a box containing 8 packs of Hummingbird 200g coffee, 6 times a year. Promotional draw details: All valid entries for the 2nd chance draw will close at 11:59pm 3 December 2023. The second chance prize draw will take place at 10am the following day. The first valid entry to be drawn will win the Prize. The prize draw occur at 25 Hargreaves Street, Auckland City, Auckland 1011. The winning entry will be randomly drawn from all valid entries received. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn. The winner of a drawn prize is determined by chance. In an event where there are no valid entries for the second prize draw, the second prize draw will not go forward, and the prize will not be awarded.

Privacy Policy

https://www.hummingbirdcoffee.com/pages/privacy-policy 

Further Terms

Forest & Bird:

Forest & Bird operate as a registered charity (Registration No. CC26943) in Aotearoa New Zealand. Funds will be allocated to conservation work at the discretion of Forest & Bird.  

Standard Terms and Conditions

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (including the Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (including the Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Conditions of Entry and Schedule, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.
  5. All reasonable attempts will be made to contact each winner.
  6. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  7. Any ancillary costs associated with redeeming the Prize(s) are not included.  Where a voucher is provided as part of the Prize(s), any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
  8. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
  9. Where relevant, entrants must keep their proof of purchase specified in How to Enter for each entry as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for a specific entry or each entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's respective entry/entries for which Proof of Purchase cannot be provided and/or all entries submitted by that entrant and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the store of purchase as an eligible store; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry.
  10. The value of the prize is accurate and based upon the recommended retail value of the prize (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prize after that date.
  11. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
  12. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification.
  13. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  14. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  15. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically where consent by the entrant has been obtained. The Promoter's Privacy Policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of any privacy laws and how such complaints will be dealt with.  The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. The Promoter may transfer entrants' personal information to countries specified in the Promoter’s privacy policy.
  16. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and city or town or postcode of residence.
  17. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
  18. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third-party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  19. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Consumer Guarantees Act 1993 and/or Fair Trading Act 1986.
  20. If relevant, where materials are submitted as part of the entry (including survey answers) these materials must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Conditions of Entry. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Conditions of Entry including this clause.
  21. To the extent permitted by law, if for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.
  22. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  23. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
  24. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  25. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  26. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  27. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

 

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