1. Information on how to enter and the Prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Stanley Black & Decker NZ Limited of 39 Business Parade N, East Tamaki, Auckland 2013, New Zealand (“Promoter”).
3. Entry is only open to New Zealand residents aged 18 years or over and to businesses operating in New Zealand.
4. Any entry submitted on behalf of a business must be submitted by an authorised representative, aged 18 years or over, of the business. If a Qualifying Transaction (defined below) is made using business money, any entries awarded in respect to such a Qualifying Transaction will be allocated to the business, and if drawn as a winning entry, the Prize will be awarded to the business. The owner/s of any winning business may allocate the Prize to any employee (aged 18 years or over) of that business or deal with the Prize in accordance with the existing applicable policies of the business, however any such transfer or dealings will not be the responsibility of the Promoter and must be arranged by the winning business. The Promoter takes no responsibility for any such arrangements and will only be responsible to transfer the Prize to the drawn winner.
5. Directors, officers, management, employees, suppliers (including Prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, Mitre 10, and the agencies and companies associated with this promotion, are ineligible to enter. Immediate family means any of the following: spouse, ex-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.
6. Promotion commences at 9am (NZ Auckland Time) on 1st February 2019 and ends at 11:59pm (NZ Auckland Time) on 31st March 2019 (“Promotional Period”).
7. To enter, eligible individuals and authorised representatives of a company, must complete the following steps during the Promotional Period:
7.1 Spend a minimum of $1 on any BLACK+DECKER product at any Mitre 10 or Mitre 10 MEGA store in New Zealand or on the Mitre 10 website at https://www.mitre10.co.nz/ (“Qualifying Transaction”).
7.2 Purchase must be fully paid for during the Promotional Period to be eligible for entry.
7.3 On completion of the purchase per 7.1, visit www.blackanddeckerpromotions.co.nz and follow the prompts to the promotion entry page, input the requested details including first name, last name, date of birth, email, post code and phone number, indicate if the Qualifying Transaction was made on behalf of a business, and if so, include the details of the business, Mitre 10 store where they made their Qualifying Transaction, list each BLACK+DECKER product purchased in the Qualifying Transaction (including each model number), total dollar value paid for the BLACK+DECKER products purchased in the Qualifying Transaction (as shown on the purchase receipt and inclusive of GST) and Qualifying Transaction date, store purchased BLACK+DECKER product from, upload a copy of the full purchase receipt for their Qualifying Transaction and must be legible, subscribe to the BLACK+DECKER database (if acceptable), and submit the fully completed entry form.
7.4 Entrants will receive one (1) entry for each NZ $1 spent on BLACK+DECKER products purchased in a Qualifying Transaction (including GST).
7.5 For clarity, if an entrant spends NZ $165.60 (inclusive of GST) on BLACK+DECKER products as a Qualifying Transaction, they will be eligible to receive 165 entries into the draw. However only one (1) entry form can be submitted for each Qualifying Transaction/purchase receipt.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Cancelled Qualifying Transactions, cancelled payments, any product that is not fully paid for and any returned products will not be eligible for this promotion. Products purchased on lay-by will also not be eligible for this promotion.
10. Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL an entrant’s entries and forfeiture of any right to a Prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period.
11. 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 or business 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. Errors and omissions may be accepted at the Promoter's discretion. 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. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. The draw will take place at Anisimoff Legal, Suite 5 / 210 Central Coast Hwy, Erina NSW 2250 Australia on 8th April 2019 at 10am AEDST. Anisimoff Legal, on behalf of the Promoter, may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
13. The winner will be notified in writing, via email, or phone (as deemed appropriate by the Promoter) within 5 days of the Prize draw. If the winner cannot be contacted up to 48 hours the Promoter reserves the right to award the Prize to somebody else. The Promoter will not be responsible for any inability to contact the winner.
14. The Promoter’s decision is final, and no correspondence will be entered into.
15. Prize Details:
15.1 The first valid entry drawn wins, for maximum two people, for the winner and an elected friend.
15.2 The Prize will be fulfilled in April/May 2019. The Prizes are non-negotiable and non-transferrable to a third party not entered in the promotion.
15.3 The Prize will include the following, for two people.
• 2 x Return economy flights Auckland to Barcelona.
• 3-night stay in a luxury hotel (up to 4-stars).
• 2 VIP tickets to a FC Barcelona match
15.4 The Prize is valued up to NZ $5,000
15.5 All expenses, costs and incidentals not specifically mentioned above are not included and are solely the winner’s and elected friend’s responsibility. Note the exact location of the FC Barcelona match will be confirmed at the time of selecting a winner.
15.6 All incidental hotel expenses to include mini bar are the sole responsibility of the winner and elected friend and any such hotel expenditure must be settled by the winner and elected friend prior to hotel departure.
15.7 The winner and friend elected to share the Prize must have valid passports and it is a mandatory requirement all travelling, obtain travel and health insurance policies to cover for all eventualities. The cost of this is to be covered by the winner and elected friend.
15.8 Flight changes, cancellation and no-show costs will not be covered by Promoter.
15.9 The Promoter reserves the right to substitute the Prizes for Prizes of equivalent monetary value or change the VIP hospitality package to another FC Barcelona tour destination for reasons beyond its control.
16. The winner must provide the Promoter with personal details and certified copies of all required documentation as part of booking travel (forming part of the Prize) as required by the Promoter in a timely period.
17. If for any reason a winner does not take a Prize by the time stipulated by the Promoter, then the Prize will be forfeited and will not be redeemable for cash. The Promoter reserves the right to award the Prize to a reserve entry drawn, if an originally drawn winner is ineligible or fails to claim a Prize by the time reasonably specified by the Promoter.
18. If the Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with a prize to the equal value and/or specification.
19. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter.
20. 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.
21. If this 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.
22. Any cost associated with accessing the promotional 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.
23. The entrants must follow the entry instructions during the Promotional Period to enter the promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an entrant if their entry is deemed invalid.
24. The Promoter takes no responsibility where it is unable to contact Prize winner who has not provided correct or complete contact details. If an entrant’s contact details change, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
25. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under 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 and its related body corporates (including their respective officers, employees and agents) exclude 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, including:
(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 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) taking/use of a Prize.
26. Entrants are advised that tax implications may arise from their Prize winnings and they should seek independent financial advice prior to acceptance of their Prize. The Promoter accepts no responsibility for any tax implications that may arise from accepting a Prize. Entrants are responsible for any and all expenses that they incur in entering the promotion and they will not be reimbursed regardless of whether or not they win the promotion. For more information refer to:
27. To the extent permitted by law, the Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
28. The conduct of the promotion or the supply of Prizes may involve third parties, and the Promoter makes no Warranties and, to the extent permitted by law, disclaims all liability in connection with any such third parties, their acts or omissions, except where the third parties are nominated by the Promoter as part of this promotion, including but not limited to the conversion into a Campervan by the Promoter’s chosen supplier.
29. By entering the Promotion, an entrant releases the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the promotion or winning or failing to win a Prize, or using or permitting any other person to use the Prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
30. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law, which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, to the extent permitted by law, to either resupplying such goods or services as form part of the promotion or paying the cost of resupplying those goods or services.
31. As a condition of accepting the Prize, the winner may be required to sign any legal documentation as and, in the form required by the Promoter and/or Prize suppliers in their absolute discretion.
Stanley Black & Decker NZ Limited (GST No. 010-020-638)
P O Box 12-135, Penrose, Auckland 1642
Fax: (+64 9) 273 3392
Copyright © 2019 BLACK AND DECKER PROMOTIONS - All Rights Reserved.