“WEET-BIX MESSY KIDS SEARCH 2021” PROMOTION
TERMS AND CONDITIONS
- Information on how to enter and the prizes form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
- The promoter of the Promotion is New Zealand Health Association Limited trading as Sanitarium Health Food Company (Promoter) of 124 Pah Road, Royal Oak Auckland, New Zealand Phone number: 0800 100 257.
- Entry is only open to New Zealand residents aged 16 years or over.
- Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion (or collecting or accepting any prize the subject of this promotion).
- Employees (and their immediate families) of the Promoter and agencies associated with the Promotion 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 first cousin.
- The Promotion commences at 12pm on Monday the 6th of September and entries close at 11:59pm on 3rd October 2021 (Promotional Period). The Promotion consists of 4 consecutive weekly ‘game of skill’ competitions, a determination of an overall ‘game of skill’ winner from the group of weekly winners at the end of the promotion, as well as a ‘game of chance’ random draw of 200 winners from all eligible entries, at the end of the promotion. The opening and closing dates and times for the weekly ‘game of skill’ competitions are as follows:
|Weekly Competition||Entry Period Commencement
(12pm on the following dates):
|Entry Period Closure
(11.59pm on the following dates):
|Weekly Winner Determination
Entries in each weekly competition do not carry over to, and are not eligible to be judged in, subsequent weekly competitions.
- To enter, individuals must, during the Promotional Period:
- take a photograph of a child aged between 0-4 years of age that has made a mess involving food (Photograph). A photograph of a child who has been in a winning photograph submitted to a previous Weet-Bix Messy Kids Search in Australia (whether the photograph earned the main prize or any other prize) is ineligible for the purposes of this New Zealand promotion. Individuals submitting Photographs of a child that is not their own must have permission of the child’s parent or guardian to enter them in the promotion, and for the Photograph to be used in accordance with these Terms and Conditions which for the avoidance of doubt, includes publication and use in accordance with clauses 7 and 24 of these Terms and Conditions.
- do one of the following:
- (i) click on the link contained within any promotional email received from the Promoter which will take the entrant directly to the entry form for the Promotion (Entry Form); or
- (ii) visit weetbix.com/nz/messykids/ (Website) and follow the prompts to the Entry Form; and
- input the requested details and submit the fully completed Entry Form, which will include uploading the Photograph.
- Without limiting clause 24, entrants acknowledge and agree that all Photographs submitted by entrants and accepted by the Promoter will be published on the Website, any winning Photographs (including weekly competition winners) will be published on the Promoter’s Facebook and Instagram accounts and some Photographs may be published in or on other forms of promotional and marketing material, including in marketing materials for subsequent ‘Messy Kids Search’ promotions. All entries will be moderated prior to publication, and if an entry is not accepted because in the Promoter’s opinion acting reasonably, the entry does not comply with these Terms and Conditions, the entrant will be contacted by email.
- Any uploaded files must be submitted in accordance with the relevant platform’s requirements. Photographs must be in jpeg, gif or png format and less than 5MB in size.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Winners (or if the winner is under 18 years of age their parent or guardian on their behalf) must upon request supply suitable identification at the time that the Promoter delivers the prize.
- Incomplete or indecipherable entries will be deemed invalid.
- Multiple entries are permitted per person, however each entry must be substantially unique, submitted separately and in accordance with entry requirements. Provided that an entrant complies with this clause, an entrant is not prohibited from winning multiple prizes.
- If there is a dispute concerning the conduct of this promotion (including as to the identity of an entrant or a child in a Photograph) or in respect to claiming a prize, the Promoter will consider the entrant’s grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.
- Winner determination:
- The top five (5) ‘Messy Kid’ Photographs submitted in the relevant weekly competition will be determined on creative merit by a panel of judges (Judging Panel) at the Promoter’s premises at 124 Pah Road, Royal Oak, Auckland, New Zealand on the dates and times listed under the ‘Weekly Winner Determination’ heading of the table at clause 5 (Weekly Winners). Entries in a weekly competition do not carry over to, and are not eligible to be judged in, subsequent weekly competitions. The Weekly Winners will be notified by email within two (2) business days of the Judging Panel’s determination.
- There will be one (1) overall winner chosen at 12pm on 6th October 2021 from the group of Weekly Winners and a maximum of 10 ‘wildcard’ entries chosen, where the child in the Photograph will be deemed the ‘Weet-Bix Messy Kid’, as determined on creative merit by the Judging Panel (Overall Winner) at the Promoter’s premises at 124 Pah Road, Royal Oak, Auckland, New Zealand. The Overall Winner will be notified by email within two (2) business days of the Judging Panel’s determination.
- The Promoter will also randomly draw twenty (20) entries from all eligible entries submitted during the Promotional Period at 12pm 6th October 2021 (Draw Date) at the Promoter’s premises at 124 Pah Road, Royal Oak, Auckland, New Zealand (Draw Winners). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The Draw Winners will be notified by email within two (2) business days of the Draw Date.
- The Weekly Winners, Overall Winner and Draw Winners will also be published on the Website for 28 days from the date that they are determined.
- The Weekly Winners, Overall Winner and Draw Winners must claim their prize within 3 weeks of being notified that they are a winner, by providing their postal address, bank details (where relevant) and any other information reasonably requested by the Promoter.
- Subject to clause 12, the Promoter’s decision is final and no correspondence will be entered into.
- The prizes awarded in this promotion are as follows:
|Prize:||Awarded to:||Total Prize Pool Value|
|$50 cash prize deposited into the winner’s nominated bank account (Cash Prize), 1 x pack of Weet-Bix Little Kids Essentials, 1 x Weet-Bix Little Kids Essentials Cookbook and a Weet-Bix branded bowl valued at up to $12 (Weet-Bix Bowl).||Each of the Weekly Winners (5 x Weekly Winners chosen each week of the Promotion)||$1000|
|Thermomix valued at up to $2,499and 1x pack of Weet-Bix Little Kids Essentials||The Overall Winner||$2,499|
|Weet-Bix Little Kids Essentials Bowl, 1 x pack of Weet-Bix Little Kids Essentials and 1 x Weet-Bix Little Kids Essentials Cookbook||Each of the 200 Draw Winners||$540|
There are no bonus prizes awarded as part of the Promotion.
- The Promoter will despatch/transfer the prize to each winner no later than 28 days after the date on which the relevant winner provides their bank account details and/or postal address to the Promoter.
- If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
- If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- Subject to the unclaimed prize draw clause, if for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
- Total prize pool value is $4,499.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- any Weekly Winner does not claim their prize, additional winner(s) from all eligible entries submitted in the relevant Weekly Competition will be determined on creative merit by the Judging Panel;
- the Thermomix is unclaimed, a new overall winner from all of the Weekly Winners will be determined on creative merit by the Judging Panel; and
- any Draw Winner does not claim their prize, a random draw to determine additional Draw Winners will take place,
at 3:00PM on 17 November 2021 at the Promoter’s premises at 124 Pah Road, Royal Oak, Auckland, New Zealand, subject to any directions from a regulatory authority. Unclaimed prize winner(s) (if any) will be notified in writing and published at the Website from 24 November 2021.
- 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:
- 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;
- 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;
- the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
- they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1994 and warrant that they have the full authority to grant these rights; and
- 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.
- As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) 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 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.
- 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 reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- 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 1993 or 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.
- 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 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.
- Any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.’
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or 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 Facebook or Instagram. Facebook and 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.