Milwaukee Carbide Competition - Terms & Conditions

SCHEDULE TO TERMS & CONDITIONS OF ENTRY

Qualifying Sku’s

Terms & Conditions of entry

1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms of entry must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms of entry and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
2. The competition is only open to eligible entrants. An “eligible entrants” is a person who:
   1. is either an New Zealand citizen or a resident;
   2. submits a registration application for this competition in accordance with these Terms and Conditions;
   3. registers this competition for himself or herself exclusively and not on behalf of any other person or group of persons;
   4. does not in any way tamper with the competition and/or the registration process for the redemption; and
   5. purchases the listed Milwaukee product from an Authorised Milwaukee Retailer in New Zealand only.
3. The Promotion will be conducted during the Promotion period.
4. The Prizes are specified in the Details of prizes section of the Schedule.
5. The total prize pool is specified in the Total prize value section of the Schedule.
6. Any prize is valued in New Zealand dollars unless expressly stated to the contrary.
7. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the Promotion and they will not be reimbursed for doing so.
8. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
9. The time of entry will be deemed to be the time the entry is received by the Promoter.
10. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible, or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
11. The prize will be awarded to the valid entrant drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the Promoter will then continue this process until the prize is awarded. The Promoter’s decisions are final, and no correspondence will be entered into.
12. Entrants do not need to be present at the draw unless expressly stated to the contrary.
13. The winner will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to a winner/s will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
14. The Promoter takes no responsibility where it is unable to contact a prize winner/s who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
15. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
16. The winner(s) name and Country/Region of residence will be published in accordance with the public announcement of winners section of the Schedule (if applicable).
17. Winners will be contacted by phone or email and prizes will be couriered to the address provided by the winner at the time of contact from the Promoter.
18. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and Country/State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winner/s from unclaimed prize draw. If a prize is no longer available, the Promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The Promoter will not deduct any administrative costs associated with the provision of the prize.
19. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made while advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts, or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
20. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion or paying the cost of resupplying those goods or services.
21. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
22. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
23. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including as a result of electronic tampering or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant, entry, or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate and without notice. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading, fraudulent, or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. The Promoter reserves the right in its sole discretion to disqualify any entrant who it has reason to believe has breached any of these Terms of entry or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Promotion. If a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
25. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, pandemic/epidemic, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
26. 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 Competition and Consumer Act 2010 (Cth), as well as any other implied warranties or similar consumer protection laws in the regions of 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.
27. All entries become the property of the Promoter. As a condition of entering this Promotion, entrants agree to assign all their rights in and to their entry.
28. The Promoter collects personal information ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and related entities of the Promoter. Some of these third parties are located outside New Zealand, by entering into this Promotion an entrant is consenting to the disclosure of an entrant’s PI to entities outside of New Zealand. For further information, please see the Promoter’s Privacy Policy which can be viewed at https://www.milwaukeetool.co.nz/privacy-policy.html Entry into the Promotion is conditional on providing certain PI. The Promoter will also use and handle all PI as set out in the Promoter’s Privacy Policy. In addition to any use that may be outlined in these Terms and Conditions and the Promoter’s Privacy Policy, the Promoter may, unless otherwise advised, use the PI for promotional, marketing, publicity, research, survey and profiling purposes, including sending emails/electronic messages, SMS or telephoning the entrant. The Promoter’s Privacy Policy also contains information about how entrants may opt out of any communication, access, update or correct their PI, how entrants may complain about a privacy breach or concern and how those complaints will be dealt with. All entries become the property of the Promoter.
29. The Promotion and these Terms and Conditions of entry will be governed by the laws of New Zealand apply to this redemption to the exclusion of any other law. Claimants submit to the exclusive jurisdiction of the courts of Auckland, New Zealand.
30. Please contact the Promoter in relation to the Promotion and/or these Terms and Conditions by phone on 0800 645 928 or by email [email protected].