Misco rules for promotional competitions

 

Interpretation

‘Misco’ means all companies in the Misco Group including but not limited to Misco Joinery Limited, Misco North Limited and Misco Developments Limited and all brands and operating companies controlled by or associated with those entities.

The ‘Promoter’ is Misco.

‘Disqualified Participants’ are:

(a) all Misco employees, all employees of participating sponsors or promoters and/or advertising agencies and their Immediate Families;

(b) all people under the age of 18 years where the prize would be illegal to supply to a person under the age of 18 years;

‘Immediate Families’ include spouses, grandparents, parents, children, and grandchildren, whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.

Entry

1. These Rules (‘the Rules’) apply to all Misco promotional competitions (the ‘Competition’) conducted by means of any medium – online, Instagram, Facebook, radio, print, or a connected device.

2. If a particular Competition has specific rules or terms (‘the ‘Specific Rules’) those Specific Rules will apply if there is any inconsistency with the Rules.

3. Unless otherwise stated in the Specific Rules registration, entry or vote is limited to 1 per person.

4. Entry into the Competition is deemed to be acceptance of the Rules and the Specific Rules and confirmation that the entrant has the necessary authority to enter the Competition.

5. No purchase is necessary to win or participate in the Competition, unless specified in the Specific Rules.

6. The Competition is open to New Zealand Residents only. Disqualified Participants may not enter in the Competition.

7. Misco reserves the right to exclude any person from participating in the Competition on reasonable grounds.

8. Misco reserves the right to refuse to award any prize to an entrant who Misco decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Competition or won using fraudulent means.

9. By participating, entrants grant Misco exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Competition and for future Competition and marketing purposes and waive any claims to royalty, right or remuneration for such use.

10. All entrant personal details must be valid and up to date and will be held by Misco and may be used for the purpose of the Competition and for future Competition and marketing purposes in accordance with Misco Privacy Policy (see https://misco.co.nz/privacy-policy/) unless otherwise directed by contestants at the time of entry.

11. Personal information provided at the time of entry is presumed to be true and, in the case of text or email notification – active, through to and beyond the date of the Competition’s completion.

12. Where the Competition involves texting, the following apply:

a) Standard SMS text charges will apply, unless otherwise stated in the Specific Rules and will depend on

the entrant’s particular plan or agreement with their phone service provider;

b) Any form of automated text message is invalid;

c) The telephone number from which the entry was made will be stored in a database. The entrant has a two-business-day period from the time of entry to request removal from the database. If no request is made it is deemed acceptance that the information can be used for future Competition and marketing purposes; and d) Misco takes no responsibility for text costs incurred after the Competition has closed as stipulated in the Specific Rules.

Winning the Prize

13. Only the person who originally entered the Competition can be awarded the prize (the ‘Winner’).

14. The Winner will be determined in the manner set out in the Rules or the Specific Rules – if not specified then as determined by the Promoter who shall for this purpose be deemed the judge (the ‘Judge’).

15. The Judge’s determination of the Winner will be final and no correspondence will be entered into.

16. The Winner will be notified by email, phone (voice or text), mail or in person and must be available for the preparation of all publicity that may be required by Misco. Where attempts to contact the Winner fail (namely when the Winner cannot be contacted by phone after three attempts or mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within two months of being announced it will be regarded as forfeit. (Note: 3 attempts to contact the Winner will include individual calls to any numbers provided at the time of entry.

17. The Prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the Winner’s behalf. In the event that the Prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value.

18. Where the Winner is required to claim the prize in person, they must provide proper identification (namely driver’s licence, passport, birth certificate). If the Winner is under the age of 18 years their parent or legal guardian must accompany the Winner or give their prior written consent to the award of the Prize.

19. The Winner takes the Prize entirely at his/her own risk and indemnifies Misco in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize.

Misco Responsibility

21. Misco reserves the right to amend, vary, extend or discontinue a Competition at any stage, for any reason.

22. Misco takes no responsibility for any inability to enter, complete, continue or conclude the Competition due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect short code, Force Majeure or otherwise.

23. To the fullest extent permitted by law Misco will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Competition entry or winning the prize.

24. Where the Prize is to be supplied by an entity outside Misco control and that entity fails, for whatever reason, to supply the prize, Misco has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize. Acceptance

25. Participation in the Competition is deemed acceptance of these Terms and Conditions.

26. If the Winner does not accept these Terms and Conditions the prize will be forfeited

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