Terms and conditions – WDPD22 Going Blue Social Media Competition

World Drowning Prevention Day (“the Competition”)

Terms & Conditions

1. Information on how to enter the Competition forms part of the terms and conditions of entry. Entry into the Competition or acceptance of any prize is deemed as acceptance of these terms and conditions.

2. Drowning Prevention Auckland, 85 Westhaven Drive, St Marys Bay, Auckland is the promoter of this Competition (“the Promoter”).

3. This Competition is not in any way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Any queries, comments or complaints about the Competition must be directed to the Promoter and not to Facebook, Instagram or Twitter. In participating in the Competition, you are providing information to the Promoter and not to Facebook, Instagram or Twitter. To the extent permitted by law, you agree to release Facebook, Instagram and Twitter from any and all claims and demands arising out of or in connection with your participation in the Competition or with any of the prizes offered.

4. The Competition is open to New Zealand residents of any age.

5. Employees of the Promoter as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible to enter the Competition.

6. The winner of the water safety education kit and family set of lifejackets agrees to the Promoter sharing their photo through the social media channels of the Promoter, announcing them as the winner including their full name for no compensation.

Competition Entry

7. To enter the Competition, you must:

(a) Take a photo of yourself or your group dressed all in blue (groups can form waterdrop shape)

(b) Share the photo to social using the hashtag: #DPAgoingblue

(c) Like our social media page

8. Upon entering the Competition, you grant the Promotor a non-exclusive, non-revocable, royalty-free, worldwide licence to use, reproduce, publish and display your photo, video, or audio recording in any media or distribution method, including publication on websites and internet applications without restriction and without making any payment to you, for the purpose of promoting World Drowning Prevention Day and its key water safety messaging as the Promoter sees fit. Such use will be at the Promotor’s discretion and the Promotor is not obligated to use, reproduce, publish or display any photo.

9. You may enter the Competition multiple times during the Competition Period but each entry should be substantially different to any of your previous entries.

10. Details of the Competition, including details of the entry process will be communicated via the Drowning Prevention Auckland Facebook page and Drowning Prevention Auckland website.

11. The Promoter reserves the right to remove, have removed or disqualify any entry that does not meet these terms and conditions at any time without notice.

Your Content

12. Your photo must:

(a) not include any objectionable material;

(b) be fit for public display, not show any act that is dangerous or offensive to the public or that may damage the reputation of the Promoter (as determined in the Promoter’s sole discretion); and

(c) not be digitally enhanced or modified, except by using the enhancement functionality provided by Instagram, Twitter or Facebook.

13. You must obtain appropriate consent from other people or the owners of property that is identifiable in your photo to enter it into the Competition (in accordance with these terms and conditions) prior to entering the Competition.

14. The Promoter reserves the right to remove or disqualify any photo that does not meet the above conditions at any time without notice.

15. You warrant that the photo does not infringe on the moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photo. You fully indemnify the Promotor against any claims arising from the display or use of your photo.

Competition Period

16. The Competition commences Monday 18 July 2022 at 9.00am (NZT) and closes Wednesday 27 July 2022 at 9.00am (Competition Period). Entries received after the Competition Period will be ineligible to enter the Competition.

The Prize(s)

17. The Competition prizes available consist of:

• Water Safety Education kit, valued at approximately $500.00
• Family set of lifejackets (max five), valued at approximately $400.00

18. Two winners will be chosen via random draw (1. Individual/family who will receive a set of lifejackets; 2. Group who will receive a water safety education kit)

19. The Promoter reserves the right to disqualify any winner who does not comply with these terms and conditions and select a replacement winner in accordance with these terms and conditions.

20. Once determined, the Prize winner(s) will be notified directly via Facebook, Instagram or LinkedIn message and announced on Drowning Prevention Auckland social media channels, on the Drowning Prevention Auckland website and in the Drowning Prevention Auckland email newsletter within seven days of the draw/end of the Competition Period.

21. The right to receive any prize is conditional upon the winner contacting the Promoter within 48 hours of being notified. If the winner cannot be contacted or does not claim the prize within this time, the Promoter reserves the right to withdraw the prize from the winner and redraw a replacement winner.

22. The prize only includes items as stated in clause 17. The prize cannot be converted into cash. The prize is non-transferable and non-exchangeable.

Privacy

23. Any personal information relating to the winner or any other entrants provided on the Competition entry form is collected by the Promoter solely for the purposes of this Competition, will be used solely in accordance with the Privacy Act 2020. You can contact us at any time regarding your personal information through our Privacy Officer who can be contacted via post (Privacy Officer, Drowning Prevention Auckland, 85 Westhaven Drive, St Marys Bay, Auckland or email ([email protected], attention Privacy Officer).

24. The Promoter’s decisions in respect of all matters to do with the Competition are final and no correspondence will be entered into.

25. The Promoter reserves the right to substitute any prize in whole (or any of its components), with a substitute prize of equal or greater value if the prize (or any of its components) cannot be provided for reasons outside the Promoter’s reasonable control.

26. To the fullest extent permitted by law, the Promoter gives no representation, guarantee or warranty with respect to the prize provided under this Competition. In particular, the Promoter gives no warranty with respect to the quality of the Prize, its suitability or fitness for any purpose.

27. The winner takes the Prize entirely at his/her own risk and indemnifies Drowning Prevention Auckland and any third party provider engaged for the purposes of this Competition in respect of any claim, demands, actions, losses, liabilities and suits arising out of or attributable to participation in the Competition and/or any use of the Prize.

28. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries into the Competition. Entries are deemed to be received at the time the photo is shared on social media. The Promoter assumes no responsibility for any injury or damage to entrant’s or any other person’s electronic devices related to or resulting from participation in or downloading any materials in relation to the Competition. The Promoter reserves the right to disqualify any entrant who tampers with any of the Competition processes or engages in conduct that may damage the reputation of the Promoter or its affiliated entities at any time.

29. To the fullest extent permitted by law, neither the Promoter nor any other person or party associated with the Competition shall be liable for any loss or damage whatsoever suffered (including but not limited to indirect or consequential loss) or personal injury suffered or sustained in connection with either participation in the Competition or with any prizes offered.

30. This Competition and these terms and conditions will be governed by the laws of New Zealand and any disputes will be subject to the exclusive jurisdiction of the Courts of New Zealand.

31. Nothing in these terms and conditions limits or modifies the consumer’s rights under the Consumer Guarantees Act 1993.

32. If for any reason beyond its reasonable control the Promoter or its agents or contractors are unable to run the Competition as described, the Promoter reserves the right to postpone, extend, amend, re-schedule or cancel the Competition (“the Change”) at any time at its sole discretion on the provision of reasonable notice (which will include posting notice of the Change on the Drowning Prevention Auckland website and the original Facebook post.

33. The Promoter reserves the right to alter, amend or supplement these terms and conditions at any time in its absolute discretion. You agree that you shall be bound by such changes and that you shall not hold the Promoter liable for any losses resulting from any such changes.