1. The promoter is Elanco New Zealand, 106 Wiri Station Road, Manukau, Auckland 2104, New Zealand (company no. 7851116) (Promoter).
TERMS AND CONDITIONS OF ENTRY
2. Information on how to enter the Prolaject™ Philips Airfryer XL Promotion 2022 (Promotion) and the Prizes form part of these terms and conditions.
3. Entry into the Promotion is deemed acceptance of these and any other applicable terms and conditions (together the Terms and Conditions). Any entry not complying with the Terms and Conditions is invalid.
4. The terms and conditions applying to customers who participate in the Promotion (Participants)
HOW TO ENTER AND ELIGIBILITY
5. The Promotion is open to New Zealand residents who are aged 18 years or over (Participant) and purchase any Prolaject™ B12 1000, Prolaject™ B12 1000 Plus Selenium, Prolaject™ B12 2000, Prolaject™ B12 2000 Plus Selenium (Promotion Product) from participating vet clinics (Clinic) during the Promotion Period set out below. Employees and directors of the Promoter, Clinic and, if an agency is utilised in running the Promotion, the agency and the immediate families of employees and directors of the Promoter, Clinic and agency (if relevant) are not eligible to enter.
6. Multiple entries into the Promotion are permitted provided for each entry the Participant has purchased Promotion Product during the Promotion Period. The Promoter reserves the right, at any time, to verify the validity of entries and to request proof of a Participant’s eligibility (including a Participant’s identity, age and place of residence). If there is a dispute as to the identity or eligibility of a Participant, the Promoter reserves the right, in its sole discretion, to determine same. The Promoter may (in its sole discretion) disqualify any Participant who submits an entry that is not made strictly in accordance with the Terms and Conditions or tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
7. The Promotion commences at 9 am on 1 May 2022 and closes at 5 pm on 31 July 2022 (Closing Time and Date) (Promotion Period).
8. The Clinic will conduct the Promotion prize draw (Prize draw) at its premises on 15 August 2022 (Draw Date). The Promotion winner is to be drawn at random by the Clinic using the following internet random number selector: https://www.numbergenerator.org/randomnumberpicker. The first valid entry drawn must be deemed the prize winner (Prize-winner). Where there are two or more Prizes to be won, the prize winners will be the first entries drawn, up to the number of Prizes to be won. The Prize draw must be conducted in the presence of at least two Clinic representatives.
9. The Prize-winner will be contacted by the Clinic within 2 business days of the Draw Date by telephone or email. (A business day means a day that is not a Saturday, Sunday nor a public holiday in New Zealand.)
10. The Clinic shall arrange with the Prize-winner for the Prize-winner to collect the Prize from the Clinic.
11. If the Prize is unclaimed because the Prize-winner cannot be contacted within 15 business days following the Draw Date or if the Promoter determines that the Prize-winner is not eligible to participate in the Promotion, the Prize may, at the Promoter’s sole discretion, be forfeited and redrawn. The Promoter is not responsible if the Prize-winner cannot be contacted within 15 business days after the Draw Date.
12. If the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the control of the Promoter, the Promoter reserves the right to the fullest extent permitted by law to: (a) disqualify any Participant; or (b) modify, suspend, terminate or cancel the Promotion, as it deems appropriate.
14. The prize for the Promotion is a Philips Airfryer Essential XL RRP $578 (Prize).
15. Prize cannot be exchanged, negotiated, transferred or redeemed for cash. If the Prize or any part of the Prize is unavailable for any reason, the Promoter in its sole discretion reserves the right to substitute the Prize or part of the Prize with a prize of equal value and/or specification.
16. The Promoter’s decision on all matters will be final and no correspondence will be entered into.
17. The information submitted to the Promoter for the Promotion contains data that allows the Participant to be identified, including name, address, e-mail (Personal Data).
18. The Promoter will only pass the Personal Data to agents of the Promoter (including outside the EEA) in accordance with the Promoter’s Privacy Notice which is available at: www.privacy.elanco.com.
19. By participating in the Promotion and providing the Promoter with Personal Data, a Participant consents to use of the Personal Data and being notified if they are one of the Prize-winners.
LIMITATION OF LIABILITY
20. Except for any liability that cannot be excluded by law (including non-excludable guarantees under applicable consumer protection laws), the Promoter (including its officers, employees and agents) excludes all liability for any cost, expense, loss, damage or personal injury whatsoever (including but not limited to loss of opportunity and loss of profits) whether direct, indirect, special or consequential (Loss), arising in any way out of the Promotion, including, but not limited to, where such liability may arise out of the following:
(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 its 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 the Terms and Conditions;
(e) any tax liability incurred by a Prize-winner or Participant; or
(f) use of the Prize by a Prize-winner and any accompanying person or any other person, even when such Loss was reasonably foreseeable, and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
21. These Terms and Conditions are governed by the laws of New Zealand and any dispute arising out of or in connection with them will be subject to the exclusive jurisdiction of the courts of New Zealand.