Friday, February 23, 2024

Capsule Competition Terms and Conditions


1. By entering any competition on you acknowledge that you have read and agree to these terms and conditions (“Terms”).
2.  The Promoter is Capsule Communications Ltd, trading as Capsule NZ (“Promoter”).
3. These Terms apply to all competitions conducted by the Promoter (“Promotion”). 

Entry into any Promotion is deemed acceptance of these Terms.

General Entry Requirements

1. ‘Disqualified Participants’ are not eligible to enter. These include, but are not limited to: 

(a) all Capsule employees, all employees of participating sponsors or promoters and/or advertising agencies and their Immediate Families (include spouses, grandparents, parents, children, and grandchildren, whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.)

(b) all people under the age of 18 years where the prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years; 

(c) all people who have won a prize from Capsule in the last 30 days. If the previously won prize was valued at over $1000 the winner must stand-down from entering for a period of 90 days. 

2. These Promotion or Competition Rules (‘the Rules’) apply to all Capsule Promotions or Competitions (collectively the ‘Promotion’) conducted by means of any medium – online, print, social media or a connected device. The Rules may change from time to time. 

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

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

5. The Promotion is open to New Zealand Residents only. 

6. Capsule reserves the right to exclude any person from participating in the Promotion on reasonable grounds. 

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

8. By participating, entrants agree to participate in any editorial activities relating to the Promotion (this may include being interviewed and photographed) without being entitled to any appearance fee. They grant Capsule exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use. 

9. 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 Promotion’s completion. 

10. Competitions run on Facebook, Instagram or any other Social Network are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network.

11. Closing date for entry will be will be stated in the copy of the competition or social media post. After this date the no further entries to the competition will be permitted.

12. No responsibility can be accepted for entries not received for whatever reason

Entry Exclusions

13. Entries to Promotions must not:
a. be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, general, religious, professional or age group, profane or pornographic, contain nudity or any dangerous activity;
b. promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
c. be obscene or offensive, endorse any form of hate or hate group;
d. defame, misrepresent or contain disparaging remarks about the Promoter or any sponsor or its services, products, other people, products or companies;
e. infringe the intellectual property rights of any third party or contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind;
f. contain materials embodying the names, likeness, photographs, or other indicia identifying the person, living or dead;
g. communicate messages or images inconsistent with the positive images and/or goodwill to which the Promoter wishes to associate; and
h. depict, and cannot itself, be in violation of any law.

Winning the Prize 

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

15. 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’). 

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

17. 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 Capsule. Where attempts to contact the Winner fail (eg 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. However, should the prize’s total worth equal less than NZD$250 only one failed attempt at contact will be acceptable before the Judge selects another winner.) 

18. 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. 

19. Where the Winner is required to claim the prize in person, they must provide proper identification (eg 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. 

20. The Winner takes the Prize entirely at his/her own risk and indemnifies Capsule 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. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions. 

20. Where the Prize includes air travel and/or accommodation, either international or domestic (the ‘Travel Prize’): 

(1) the Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination. 

(a) Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner). 

(b) When the Travel Prize includes travel to or through the United States, it is the Winner’s responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner. 

(2) The Winner and their travelling companion (if applicable) must travel together at all times. The Winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand.

(3) Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline’s departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class. 

(4) Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner. 

(5) Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances. 

(6) The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner’s control or otherwise, then the Winner will forfeit the Travel Prize. 

(7) The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk. 

(8) All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter. 

Capsule Fair Practices & Responsibility 

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

22. Capsule takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, Force Majeure or otherwise. 

23. To the fullest extent permitted by law Capsule 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 Promotion entry or winning the prize. 

24. Where the Prize is to be supplied by an entity outside Capsule control and that entity fails, for whatever reason, to supply the prize, Capsule 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. 

General Acceptance 

25. Participation in the Promotion 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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