Terms & Conditions

GENERAL

Fresh‘n Fruity is owned and operated by Fonterra. Please read the Fonterra Co-operative Group Limited (“Fonterra”, “us”, “we”, or “our”) website (“Site”) terms and conditions (“Terms”). Fonterra may vary these Terms at any time. Using the Site after the Terms have changed means you accept the changed Terms. If you agree to be bound by these Terms you may use the Site, otherwise you should not.

The current version of the Terms will be maintained on the Site. This Site is operated and controlled from Fonterra’s offices in New Zealand. If you use this Site from outside New Zealand, you are responsible for complying with any applicable laws. These Terms will be interpreted in accordance with, and governed by, the laws of New Zealand. You may not create a link from any other website to any part of this Site, other than the homepage, without our express consent. If you link to this Site it is at your own risk.

INTELLECTUAL PROPERTY

All intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on this Site belongs to Fonterra unless otherwise stated. If the owner of any material published on this Site is not Fonterra, your rights in respect of that material will be as defined by the copyright owner of the material concerned.

Unless otherwise stated, you are permitted to copy text published by Fonterra on this Site for your own non-commercial use only, provided you retain and display any copyright notice applying to the material. Individual items may have more specific terms and conditions associated with them, in which case those terms and conditions will apply to that item in place of this general permission.

Except as set out above, all rights to the Site (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of Fonterra or any other party as a consequence of the publication of any material on this Site. No material from this Site (except for media releases published in the Newsroom) may be reproduced, adapted or distributed, in whole or in part, or on any media without written permission (which includes email) from Fonterra.

DISCLAIMER

Fonterra endeavours to ensure that the information on this Site is accurate and current, but does not accept liability for any error or omission. All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Site or in respect of any products or materials referred to on this Site are excluded to the fullest extent permitted by law.

Links on this Site may lead to other websites and some information on this Site may be provided by third parties. Fonterra accepts no responsibility for the currency or accuracy of such information. You should verify such information with those third parties directly.

While we try very hard to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security which is out of our control. We do not warrant that the Site is completely secure.

USE OF INFORMATION SUPPLIED BY YOU

All product or advertising suggestions or ideas, or other information communicated to Fonterra through this Site shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of Fonterra for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.

CONSUMER GUARANTEES ACT

If you are a business using this Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.

FONTERRA’S LIABILITY

In no event will Fonterra be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any: damages (direct, incidental, special, consequential, indirect or punitive) of any nature whatsoever; increased costs or expenses; or loss of profit, business, contracts, revenues or anticipated savings, arising out of or in connection with your use of (or inability to use) this Site, any linked website, or any material contained on them. You agree that if we are held responsible for any damage or loss, Fonterra’s total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing this Site.

New World Club Card Prize Draw Competition Terms & Conditions

 

PRIZE DRAW TERMS & CONDITIONS (MUST BE COMPLETED WITH INITIAL BOOKING)

 

 

All New World Clubcard prize draws that involve an online or instore spend, scan of a Clubcard or entering Clubcard details for I shop purchases are run under the same process, which includes the following mandatory terms and conditions.

 

·         Aside from incorporating specific details (dates, regions, qualifying products), the only variation to these terms and conditions that we allow is to incorporate specific details relating to the prize.

 

·         As per point 19, these prize draws are subject to Clubcard Terms and Conditions which cover use of winner’s personal information including name and image; the fact prizes can’t be transferred or exchanged for cash, cancellation and modification of the promotion and liability.

 

·         The ‘Promoter’ should be Foodstuffs jointly with the Supplier.

 

 

Please complete all sections highlighted and add any other relevant details relating to the prize draw. Incomplete Ts&Cs delay the booking and prize draw process.

 

Terms and conditions

1.     Entry into this competition is deemed acceptance of these and any other applicable terms and conditions. This competition may have additional terms and conditions and wherever possible the additional terms and conditions will be posted at www.newworld.co.nz.

Promoter

2.     The Promoter of this competition is Foodstuffs (NZ) Limited (Foodstuffs) and Fonterra Brands (New Zealand) Limited (Supplier) jointly (Promoter).

Promotion Period and how to enter

3.     The competition commences on 22/6/20 and runs until close of trade on 19/7/20 (Promotion Period).

Eligible Purchase

4.     You will receive one entry in the draw each time you purchase any 2 Fresh ‘n Fruity yoghurt products in the same transaction during the Promotion Period and scan your Clubcard card instore  at the time of payment, or when you enter your Clubcard details before the time of payment for I shop purchases (Eligible Purchase) at all New World stores nationwide plus online at www.ishopnewworld.co.nz (Participating Stores).

When your Clubcard is scanned (or Clubcard entered in the case of I shop purchases) you will automatically be entered into the draw.

5.     You will only receive one entry into the competition even if you purchase more than two participating products in your Eligible Purchase.

Eligibility to enter and to win a prize

6.     To be eligible to enter this competition and win a prize:

a)    you cannot be a New World or Clubcard staff member;

b)    you must have made an Eligible Purchase and scanned your Clubcard at the time of purchase;

c)     you must be a current Clubcard member;

d)    you must consent to the Promoter using your name, photo, hometown and image for publicity and promotional purposes (including the display of your name in store) and you must make yourself available for publicity photographs relating to the competition on request for no additional compensation.

How winners will be selected

7.     Prize winners will be drawn by Loyalty New Zealand Limited (Loyalty) on behalf of the Promoter by 31/07/20 by random electronic selection from all entries.  There are 43 prizes to be won in total, details as follows:

·         The first 3 eligible prize winners drawn will win 1 x HotSpring® Freeflow Spas® AccoladeTM spa pool (“Major Prize”). (There are 3 x  HotSpring® Freeflow Spas® AccoladeTM spa pools to be won, each worth (RRP) $12,990).

·         PLUS an additional 40 prize winners will be drawn and will each win a $250 New World gift card. (There are 40 x New World gift cards to be won, each worth $250).

The total prize pool is valued at (RRP) $48,970.

If prize becomes unavailable

8.     Subject to any applicable law that cannot be excluded, the Promoter is not responsible or liable for any loss suffered by any entrant in the event that a prize becomes unavailable for reasons beyond its control. In this event, the Promoter may substitute a prize of its choice.

Notifying winners

9.     Winners will be notified by Foodstuffs or the Supplier (or its agent) once a draw has been completed within
5 working days of the draw, via the contact details on record on each winners Clubcard account. In the event that a winner cannot be contacted within 5 working days of a draw occurring or if Foodstuffs determines that a winner is not eligible to participate in a draw the prize will be forfeited, a further draw will be conducted, and the prize allocated to the new winner.

10.  The Promoter is not responsible if a winner cannot be contacted following the draw due to incorrect or out of date contact details being recorded on a winners Clubcard account, and any such winner will forfeit the prize to the next eligible winner, on these Terms and Conditions.

Prize conditions

11.  If any winner is under the age of 18 years their parent or legal guardian must give their prior written consent to the award of the relevant prize.

12.  New World gift cards prizes will be delivered to winners at an address nominated by the relevant winner.

13.  For collection in store, prize winner(s) must collect at the specified store. If prize winner(s) are unable to collect at that store, within the collection period stated, a further draw may be conducted, and the prize allocated to a new winner.

14.  Each Major Prize winner must arrange for their prize to be delivered prior to 1 October 2020.

15.  Prizes are not transferable, exchangeable or negotiable and are not redeemable for cash.

16.  The selection results are final and no correspondence will be entered into.

17.  Winners can only be awarded one prize. If a winner is drawn for any additional prize, the prize will be forfeited, a further draw will be conducted, and the prize allocated to the new winner.

18.  Major Prize winners will each receive 1 x HotSpring® FreeflowSpas® Accolade spa pool worth (RRP) $12,990. The Major Prize does not include accessories. The Major Prize includes:

a)    free delivery within 100km travel distance of HotSpring® Spas authorised dealer serviceable areas. An extra cost of $1 (plus GST) per km will apply outside this area. Delivery is to the safest and most convenient location onsite; and

b)    basic installation – for this purpose, a pre-wired ELCB plug is included. Installation does not include any other electrical wiring. It is the responsibility of the prize winner to ensure that a standard 10amp dedicated circuit electrical power outlet is available within a maximum distance of 9 metres of the proposed spa placement. All power points are to be protected from the weather, rain, mist and fog.  Installation does not include extra labour, cranes or any other lifting devices. It is the responsibility of the prize winner to arrange this if deemed necessary.  Installation does not include ground preparation.  It is the responsibility of the prize winner to ensure necessary ground preparation is made for the spa pool. A structurally sound, level surface that can support the filled weight of the spa, plus the number of spa bathers is required.

c)     Additional delivery and installation costs and installation requirements are the responsibility of the prize winner. Installation of the spa must comply with NZBC F9 throughout New Zealand and is the responsibility of the prize winner to check with relevant authorities for further information, and to ensure installation is completed in accordance with all legal, regulatory and other requirements.  None of Hot Spring Spas New Zealand Limited, its associated dealers, or the Promoter shall be responsible or liable for any additional delivery or installation costs, including (for example) as required due to factors associated with individual circumstances relating to the electrical systems of the prize winner’s home or proposed installation site.

19.  Each winner takes their prize entirely at his/her own risk, and is responsible for all insurance, tax or other costs (excluding delivery and basic installation as described in paragraph 18) that may be associated with the any prize.

Verifying compliance with these terms

20.  The Promoter reserves the right to verify the identity of any entrant (including an entrant's identity, age, city/town of residence and place of employment) and to verify the validity of entries and to disqualify any entry or refuse to award a prize where false or misleading details have been given by an entrant, or an entrant has behaved in a fraudulent or dishonest manner, or otherwise than in accordance with these Terms and Conditions. 

Exclusion of liability

21.  Subject to any applicable laws which cannot be excluded, Foodstuffs, the Supplier, any Participating Store, Hot Spring Spas New Zealand Ltd (and its associated dealers) and their respective employees and agents will not be liable for any loss, damage or injury of any nature incurred or suffered by any person (including but not limited to direct or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection with this competition or with winning, redeeming or benefiting from the prize.

22.  Where goods or services are supplied by third parties, the Promoter does not warrant the quality of those goods and/or services or the suitability for your circumstances.

Disputes

23.  In the event of a dispute concerning any aspect of the competition including eligibility the decision of Foodstuffs will be final. No correspondence concerning any decision made by Foodstuffs will be entered into.

Additional terms

24.  In addition to these Terms and Conditions, terms and conditions of your Clubcard  also apply and can be viewed at www.clubcard.co.nz.

25.  The Promoter reserves the right to amend, suspend or terminate the competition and these Terms and Conditions at any time.

Privacy

26.  All entries remain the property of Foodstuffs and Loyalty. All personal information will be collected and stored by Foodstuffs and Loyalty and, if applicable, the Supplier, in accordance with the Privacy Act 1993. You have the right to access your personal information and request correction of any errors in it pursuant to the Privacy Act 1993. Entrants' personal information may be used to conduct this competition and for future promotional and publicity purposes in accordance with the Clubcard terms and conditions. By entering this competition entrants consent to the use of their information as described above.

Questions

27.  Any questions regarding this competition or promotion contact Supplier: Kelly Stratton, Kelly.stratton@fonterra.com

Countdown Onecard Competition T&Cs

Be in to WIN 1 of 3 Kiwi Staycations worth $5K with Fresh’n Fruity

Promotional Period

The Promoter of this promotion is Fonterra Brands (New Zealand) Limited (“Promoter”).

The promotion commences 12.01am on 15/06/2020 and closes 11:59pm on 12/07/2020 (“Promotional Period”).

This promotion is open to Onecard holders only shopping at Countdown supermarkets, owned by Woolworths New Zealand Limited, 80 Favona Rd, Favona, Auckland 2024 (“Countdown”).  Please note that employees of Fonterra and Countdown cannot be excluded from Onecard promotions.

Method of Entry

For the duration of the Promotional Period, Countdown customers with a Onecard will receive one entry into the prize draw by either swiping their Onecard or entering their Onecard details at the time of purchase.  Entry date for online purchases is the order delivery date (which must be within the Promotional Period).  For the avoidance of doubt, customers will not be eligible to participate in this promotion if they do not swipe or enter their Onecard details at the time of purchase.  Entries will not be accepted on a retrospective basis after the time of purchase.

Customers can enter by purchasing any two Fresh ’n Fruity products (“Participating Products”) from a Countdown supermarket or online in one transaction and either swiping their Onecard or entering their Onecard details at the time of purchase.  Entry date for online purchases is the order delivery date (which must be within the Promotional Period).

Entry is not limited per transaction. If more than two Participating Products are purchased in a single transaction in-store or online, customers will be entitled to one entry for every two Participating Products purchased.

The Promoter reserves the right, at its discretion, to remove or to introduce further Participating Products during the Promotional Period.

Prize

There are:

·         three major prizes of a staycation holiday of their choice** in New Zealand worth (RRP) $5,000 (“Major Prize”); and

·         ten second tier prizes of $1,000 in travel vouchers valid for travel in New Zealand (“Second Tier Prize”),

for the duration of the Promotional Period (together, “Prizes”). All Prizes are provided by Free-2-Travel Holidays Pty Limited (“Free-2-Travel”).  The total prize pool is valued at (RRP) $25,000.

The Promoter, or its agent, will contact the winners promptly after the prize draws have taken place to arrange redemption of the Prizes by winners, with Free-2-Travel. 

Each Prize winner must redeem their Prize via Free-2-Travel.  **Major Prize winners must arrange with Free-2-Travel the elements to be included in their staycation holiday.  Travel destinations, departure locations, dates and times, transport, accommodation, tourism activities and experiences, and all other matters that a Prize may be redeemed to include remain, subject at all times to availability.

Redemption of a Prize can only be made via Free-2-Travel and is conditional on acceptance by the Prize winner of any further terms and conditions of Free-2-Travel (or its agents, partners and/or service providers) applicable to the Prize.  The Promoter will not be liable for any act or omission of any third party providing any element of a Prize.

Each winner takes their Prize entirely at their own risk and will be responsible for complying with all laws and requirements relating to the use of the Prize. Any failure by the winner to comply with the conditions imposed by the Prize provider(s) may result in the Prize being cancelled or withdrawn without liability to the Promoter or the Prize supplier(s).  All additional costs for any changes made by the winner to a Prize after it has been redeemed / bookings made, must be paid by the winner.

If a winner redeems their Prize to include any travelling companion(s), each travelling companion accepts the relevant Prize subject to these Terms and Conditions as if references to the winner in the relevant clauses of these Terms and Conditions were to the travelling companion. The winner and any travelling companion must sign a legal release, in a form acceptable to the Promoter in its sole discretion, if requested by the Promoter.

Winner(s)

The winners will be determined by a random draw from all valid entries on 20/07/2020.  The first three valid entries drawn randomly will receive a Major Prize.  The next 10 valid entries drawn randomly will receive a Second Tier Prize.

The winners will be notified by telephone and/or email using the details listed on the Onecard database.  If we are unable to reach you by telephone or email, we will send you a letter notifying you.  It is up to entrants to ensure that their relevant details on the Onecard database are correct.  Details can be updated via the website www.countdown.co.nz/onecard or by phoning the Countdown Customer Care team on 0800 40 40 40.

In the event a winner cannot be contacted, (that is, cannot be reached by telephone and/or does not respond to email) within 1 week of the prize draw, we will send the winner a letter giving a further 3 weeks from the date of the letter to get in touch with us.  If we still do not get a response following our letter that winner shall forfeit the prize and a new winner will be redrawn on the same terms as the original draw (except that the new winner will be drawn to receive the same Prize that would have otherwise been awarded to the winner that could not be contacted).

The winner of any Prize agrees to co-operate with all reasonable media editorial requests relating to their Prize, including being interviewed, photographed or filmed. Each winner will have their details published on the Countdown website for at least 4 weeks following the draw date.  By accepting the Prize, the winner consents to his or her name and/or photograph and/or voice being used for such publicity purposes as reasonably determined by the Promoter, in any media whatsoever throughout the world. The winner agrees to make themselves reasonably available for this purpose, without compensation. The winner can be viewed at www.countdown.co.nz/onecard/onecard-competitions/ onecard-competition-winner, and at [Fresh ‘n Fruity web address]If a winner is under the age of 18, the relevant Prize may, at the discretion of the Promoter be awarded to the winner’s legal parent or guardian.

Exclusions and Liability

The Promoter and Countdown will not be responsible for any late, lost or misdirected entries, including but not limited to entries not received due to technical problems.

The Promoter and Countdown and their related companies, employees and agencies shall not be liable for any loss, damage or personal injury suffered by any person arising directly or indirectly out of or in connection with entering this promotion or claiming/winning any prize, or availing themselves of any prize, except as required by law.

The Promoter and Countdown are not responsible for the transmission or receipt of any incorrect information associated with entries, either caused by user error or any equipment or programming malfunction associated with the promotion.

Unless expressly stated in these terms and conditions, and except to the extent the winner redeems their Prize via Free-2-Travel to include such matters, all expenses become the responsibility of the winner including meals, taxes, transport, insurance and any other ancillary costs of any nature.  All expenses incurred by the winner in making arrangements with Free-2-Travel to redeem their Prize are the responsibility of the winner.

Use of Personal Information

All entries remain the property of Countdown.  All personal information will be collected and stored by Countdown in accordance with the Privacy Act 1993 and Countdown’s privacy policy.  Countdown may use entrants’ personal information from entries to conduct the promotion and for its own future promotional and publicity purposes, in accordance with standard Onecard Terms and Conditions.  These terms and conditions are available to view at www.countdown.co.nz.  For the purposes of notifying the winner, Countdown may pass the winner’s contact details to the Promoter, and/or to the Promoter’s agent. 

By entering this promotion, entrants consent to the use of their information as described above.

General Terms and Conditions

By entering into this promotion you agree to be bound by these Terms and Conditions and acknowledge that you have complied with all of your obligations under the Onecard terms and conditions.  The Promoter and Countdown reserve the right to deem that your entry is void should you fail to comply with any of these terms and conditions.

The Promoter reserves the right to verify the validity of entries and to disqualify any entry or refuse to award a prize where false or misleading details have been given by an entrant, or an entrant has, in the opinion of the Promoter, behaved in a fraudulent dishonest, unlawful or improper manner, or in a way that is damaging to the goodwill or reputation of the Promoter or promotion, or otherwise than in accordance with these terms and conditions of entry. The Promoter’s decision is final.

If this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, acts or omissions of third parties, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion.

Prizes are not transferable and cannot be exchanged for cash.  In the event that a winner does not take an element of a Prize at the time stipulated by the Promoter (if any), then that element of the Prize will be forfeited by the winner. 

The Promoter reserves the right to change these terms and conditions without prior notice.

These terms and conditions are governed by the laws of New Zealand.