Terms and Conditions
By entering the PLAY Nelson Tasman 'Spring Holiday Challenge' competition and the use of the PLAY Nelson Tasman/GooseChase App, each user and entrant will be deemed to have accepted these terms and conditions and to have agreed to be bound by them.
The 'Promoter' is Nelson Regional Development Agency / Nelson Tasman NZ
An 'Entrant' is any individual who submits an entry into one of the ‘PLAY Nelson Tasman’ campaign competitions by way of the entry criteria specified for any given competition or by using the official campaign hashtag #PLAYNelsonTasman. This may include commenting on a social media post, sharing a photo, creating a video, participating in a campaign activation or any other method specified through the competition criteria.
A "Prize winner" is any entrant whose submission has been selected as a winning entry for one of the ‘PLAY Nelson Tasman’ campaign competitions.
The Promoter reserves the right to determine in their sole discretion, whether at the time of entry or thereafter, a submission qualifies for entry into the competition and may withdraw an Entrants’ submission from the competition at any such time and if applicable, revoke any prizes awarded to the entrant in relation to their submission. It is at the sole discretion of the promoter as to whether any submissions made past the competition closing date are accepted.
PLAY Nelson Tasman – Spring Holiday Challenge campaign includes one competition as per the below:
- The Spring Holiday Challenge will go live at 12pm, Wednesday 5 October, 2022 and will run until 5pm, Tuesday 25 October, 2022. Prizes will be drawn at the end of the campaign period and all prizes for the Spring Holiday Challenge will be awarded by Friday 11 November, 2022.
The content of any submission into the ‘PLAY Nelson Tasman’ campaign competitions cannot:
- be discriminatory, racist, hateful, violent, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, indecent, offensive, or unlawful
- contain or feature nudity, drugs or cigarettes
- advertise or be designed to sell a product or service or increase traffic to any website other than the promoters official web pages
- be otherwise objectionable, or in poor taste.
4. Video and Photo Entries
Some of the ‘PLAY Nelson Tasman’ campaign competitions will require entrants to submit video or photographic content. In the case of video submissions, these must not:
- include mention or performance of any copyrighted media production, including but not limited to music, film, books, television programming or identifying descriptions of any media property. All music featured in any video must be available to publicise and broadcast on a license-free, no compensation basis
- feature any recognisable person in a private or domestic setting OR any recognisable person on private land OR any recognisable person under the age of 18 unless permission has been granted from the recognisable person or their parent/guardian. The entrant must be able to demonstrate they have this permission if requested (e.g., model release, signed permission) otherwise their submission may be deemed ineligible.
The promoter takes no responsibility for any failure by an entrant to obtain the necessary authorisations.
The promoter accepts no liability for video or image submissions that contain content that is not solely owned by the entrant. It is an express condition of submission and eligibility that the entrant warrants and represents that their submission is solely owned by the entrant and solely created by the entrant for the purpose of entering this competition, and that no other party has any rights or interest in the content. The entrant further represents and warrants that the content and any use thereof by the promoter or any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under NZ and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of third party.
Entrants will retain copyright in their work, but in submitting their entry or using the campaign hashtag understand that the Promoter may choose to share or include all or part of the Entrants entry on their website, on their social channels, in campaign videos and in their collateral in relation to the ‘PLAY Nelson Tasman’ campaign and competitions and for the purpose of future marketing and promotional materials. This also includes distribution via paid advertising across social and media platforms.
Prize winners will also retain copyright in their work. However, to receive their prize, each prize winner must grant to the Promoter a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit or disseminate the works in all media or platforms, whether now known or hereafter invented, for any purposes the Promoter may determine without further consideration to the prize winner or any third party. The prize winner also waives any and all moral rights in the works with respect to any use by the Promoter.
The entrant understands and acknowledges that they are not entitled to any compensation or other consideration for the Promoter to exercise the above rights in relation to the Entrants’ submission once it has been submitted into the competition.
The personal information of the entrant will be kept private and confidential, other than for purposes relating to the successful execution of this competition. The entrant acknowledges that, in accordance with the nature of some of the ‘PLAY Nelson Tasman’ campaign competitions, this may include the publication of their entry name, social media handle and submission on the promoters’ website or social channels, in campaign videos and via advertising platforms.
All user email addresses that are provided as part of the PLAY Nelson Tasman campaign will be included in the Nelson Regional Development Agency’s campaign database and will be sent related communications over the campaign period, and beyond.
Prize winners acknowledge that their personal information (such as name and contact details) may be shared with trusted third parties solely for the purpose of administration and prize fulfilment.
The promoter will not sell, rent, transfer or otherwise disclose your personal information to any third party other than as described above herein.
The collection, use and disclosure of personal information by the promoter is dealt with in accordance with the Privacy Act 2020. An entrant has the right to access and seek correction of personal information held by the promoter, and the right of review to the promoter or the Privacy Commissioner about a breach of the Privacy Act or any registered code under the Privacy Act that binds the promoter.
8. Process of selecting and notifying prize winners
The Promoter will review all qualifying entries and select prize winners at the time a competition within the ‘PLAY Nelson Tasman’ campaign has been determined to close, as set out below. The Promoter’s decisions in relation to the prize draw are final and no correspondence or discussion will be entered into regarding the judging process, or any outcomes reached.
A total of three randomly drawn spot prizes will be guaranteed to teams that come in first, second and third place, as ranked at the conclusion of the game. In the situation of a tied place, the tied teams will be randomly drawn for the prize.
Prize winners will be notified via email, depending on the nature of the competition. The prize winner will be required to respond to the email within 7 days and to provide any requested documents and/or files (if applicable) within 10 working days. Failure to respond within this time frame or to provide the required documents may result in forfeiture of the prize and, in such case, the promoter will, at their discretion, select an alternate prize winner.
9. Prizes and draw
- The prize pool of $5,000 for the Spring Holiday Challenge is made up of $60 - $500 individual vouchers at selected businesses.
- The first, second and third placegetters are guaranteed a prize, which will be drawn at random to award them for their efforts.
- Other than the first, second and third place getters, prizes are drawn randomly, using a Google random number generator, from all teams that participate in 5 challenges or more.
- Entrants’ submissions will be checked for eligibility before they are confirmed as a prize winner. Eligibility requires at least 80% of challenges that the team have completed to be valid, correct, and have been completed in the game’s competition period. Should the teams entries be deemed as ineligible at the Promoter’s discretion, then the prize will be redrawn and awarded to another team.
- In the event that evidence is provided suggesting a prize winner is not the outright owner of their submission, the Promoter reserves the right to revoke the prize and re-award it to another entrant.
- The prize winner cannot assign or transfer the prize to another person, except at the discretion of the Promoter.
- Prizes are not exchangeable or redeemable for cash.
- No prize substitution or changes are allowed except at the discretion of the promoter.
- Each prize from the overall ‘PLAY Nelson Tasman’ campaign prize pool has its own unique terms and conditions relating to redemption, expiry dates and blackout dates. These will be specified as prizes are released.
- If a prize or any portion of a prize cannot be awarded due to circumstances beyond the control of the promoter (e.g. conflict between seasonal operations and the prize winners selected travel dates, business closure, force majeure etc), a substitute prize at an equal or lesser value may be awarded at the discretion of the promoter; provided, however, that if prizes are awarded but unclaimed/forfeited by the prize winner, the prize may not be re-awarded.
- Prize is provided “as is” without warranty of any kind.
- The prize winner is responsible for any loss of the prize or portion of the prize after it has been awarded.
- The promoter shall not be obligated to award any prize that relates to or arises out of improper or mistaken prize notification, operation or function of this competition.
- The promoter is not responsible if any prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather or terrorism.
10. Release of liability
To the fullest extent permitted by law, the promoter (and its’ respective employees, shareholders, officers and directors) excludes all liability for any losses, damages and costs suffered or incurred by an entrant, including any liability for personal injury or death or loss of business opportunity or liability due to negligence of the Promoter or its personnel, whether direct, indirect, special or consequential, arising in connection with these competition terms or the conduct of the competition. In addition, each entrant releases and holds the promoter (and its’ respective employees, shareholders, officers and directors) harmless from:
- late, lost, delayed, damaged, incomplete, ineligible, misdirected or otherwise undeliverable mail, attempts to enter or other correspondence
- any condition caused by events beyond the control of the promoter that may cause the competition to be disrupted or corrupted
- any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the competition
- any and all injuries, losses, damages, rights, claims and action of any kind, including personal injury or death, or property damage, resulting in whole or part, directly or indirectly, from acceptance, possession, misuse or use of the prize, entry or participation in this competition or in any competition-related activity
- claims based on publicity rights, defamation or invasion of privacy.
The promoter reserves the right, in its sole discretion, to suspend or cancel any of the ‘PLAY Nelson Tasman’ campaign competitions at any time in the event that the administration, security or proper conduct of the competition will be compromised if it were to continue.
The competition may also be promoted by a third party or parties. The entrant shall indemnify and hold harmless the promoter, any third parties, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable solicitors’ fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any entrant’s representations, warranties or obligations herein.
The opinions expressed by entrants are not necessarily (and in some cases not at all) those of the promoter. The promoter is not responsible for any materials provided by entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the creation of this content. The promoter is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the content and makes no warranties, express or implied, as to the content or the accuracy or reliability of any information provided by an entrant. All statements and opinions made by entrants are those of the entrant only, and the promoter neither endorses nor shall be held responsible for the reliability or accuracy of same.
The promoter is not responsible for the content or practices of Youtube, Vimeo, Instagram or Facebook or other third-party websites that may be linked to the competition. It is expected that the entrant will comply with their terms of service when hosting content on these platforms.