1. The promoter is Elanco New Zealand (company no. 7851116), 106 Wiri Station Road, Manukau, Auckland 2104, New Zealand(Promoter).
Terms and Conditions of Entry
2. Information provided on the competition post published to Elanco NZ Pets on Facebook https://www.facebook.com/ElancoNZPets (Competition Post) including how to enter the competition (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.
How to Enter and Eligibility
4. The Promotion is open to New Zealand residents aged 18 years or over (Participant) with a legitimate personal profile and not a troll account or business account.
5. Employees and directors of the Promoter and the agency and the immediate families of employees and directors of the Promoter and the agency are not eligible to enter.
6. To be eligible to enter the Promotion, an entry must be made in accordance with the instructions on the relevant Competition Post.
7. The Promoter accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach the Promoter for any reason by the relevant Closing Time and Date. Such entries will be deemed invalid.
8. 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 claimant, 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.
9. The Promotion commences at the time the Competition Post is published and closes at the time stated on the Competition Post (Closing Time and Date) (Promotion Period). Entries must be received by the Promoter by the Closing Time and Date.
10. The Prize draw will take place at 103 Onehunga Mall, Onehunga, Auckland 1061 on Tuesday 21 February 2023 within 48 hours of the Closing Time and Date (Draw Date). The Prize-winners will be drawn randomly and separately and will be the first five eligible entries drawn.
11. The Prize winners will be contacted by the Promoter or the Agency within 5 business days of the Draw Date by direct message to the Prize winners’ Facebook profiles. (A business day means a day that is not a Saturday, Sunday nor a public holiday in Auckland, New Zealand.)
12. If a Prize is unclaimed because a Prize-winner(s) cannot be contacted within 15 business days following the Draw Date or if the Promoter determines that a Prize-winner(s) 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(s) cannot be contacted within 15 business days after the Draw Date.
13. 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 or the Agency, 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-winners waive all rights (including copyright and moral rights) to, the Promoter using their details in any media for the purposes of promoting the Promotion and any products manufactured, distributed and/or supplied by the Promoter’s business, for an unlimited period of time without remuneration.
15. Details of the Prizes are stated on the relevant Competition Post.
16. The Prizes cannot be exchanged, negotiated, transferred or redeemed for cash. If the Prizes or any part of the Prizes are unavailable for any reason, the Promoter in its sole discretion reserves the right to substitute the Prizes or part of the Prizes with a prize or equal value and/or specification.
The Promoter’s decision on all matters will be final and no correspondence will be entered into.
18. By entering into the Promotion, the Prize-winners acknowledge that the Promoter may be required to (or may wish to) make a public announcement by print or electronic media.
19. The information submitted to the Promoter for the Promotion contains data that allows the Participant to be identified, including name. (Personal Data).
20. The Promoter will process the Personal Data to administer the Promotion and to notify a Participant if they are a Prize-winner. The Promoter may also use the Personal Data of Prize-winners in Social Media posts or other media forms from the Promoter. 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.
21. By participating in the Promotion and providing the Promoter with the 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
22. 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.
23. The Participant releases the social media platform(s) and its/their associated companies from all liability arising in respect of the Promotion and acknowledges that:
(a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform;
(b) any information provided by the Participant in connection with the Promotion is provided to the Promoter and not to any social media platform; and
(c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to any social media platform.
24. The Terms and Conditions are governed by New Zealand law and any dispute arising out of or in connection with them will be subject to the exclusive jurisdiction of the New Zealand courts.