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Legal

Terms and Conditions

Campaign and Promotion Terms

From time to time we run campaigns, competitions and promotions that have their own specific terms and conditions. These apply in addition to our general terms below. Select a current campaign to view its terms.

Boots 50 Incentive T&Cs
Boots Of Shame T&Cs
Gates Promotion T&Cs
Promotions: Standard Terms and Conditions
1. DISCLAIMER

1.1  These terms and conditions (Terms) apply to the promotions that are conducted by Agricultural Leaders’ Health and Safety Action Group Incorporated (Safer Farms) from time to time.

1.2  These Terms are to be read in conjunction with and where stated, subject to, any terms specific to any Promotion (Specific Terms), as may be made available by the Promoter via their website saferfarms.org.nz and any Sponsor or Partner’s website, from time to time.

1.3  By participating in any promotion conducted by Safer Farms, each Entrant agrees to be bound by these Terms, which may be amended by the Promoter from time to time. If you do not agree to these Terms, you must not participate in the Promotion.

2. ELIGIBILITY

2.1  Subject to clause 2.2, entry is open only to individuals who, at the time of entry:

(a)  are citizens or legal residents of New Zealand;

(b)  are aged at least 18 years; and

(c)  meet any other eligibility requirements specified in Specific Terms.

2.2  The following individuals are not eligible to enter the Promotion:

(a)  unless otherwise approved in writing by the Promoter’s chief executive, employees, officers, and contractors of the Promoter, and of any company, agency, or entity directly associated with the administration of the Promotion; and

(b)  any person prohibited from participating by law or under the rules of the Relevant Social Media Platforms.

2.3  For the avoidance of doubt, individuals who are members or employees of members of the Promoter are not excluded from the Promotion on the basis of their membership alone.

2.4  The Promoter may request evidence of an Entrant’s eligibility. If an Entrant does not provide such evidence within five (5) business days of the Promoter requesting evidence of eligibility, the Entrant’s entry may be deemed invalid.

3. PUBLICITY, CONSENT AND INTELLECTUAL PROPERTY

3.1  By entering the Promotion, each Entrant consents to the Promoter (and its related parties and agents) using their name, image, likeness and Entry (including any photograph, video, written submission or other content submitted) for any lawful, reasonable publicity, publication, marketing and promotional purpose (including on the Promoter’s website, social media and other media channels) in connection with the Promotion, without further compensation.

3.2  Each Entrant grants to the Promoter a non-exclusive, royalty-free, worldwide, perpetual, irrevocable licence to use, reproduce, adapt, publish, communicate to the public, and otherwise deal with the Entry and any accompanying material for the purpose described in clause 3.1.

3.3  Each Entrant, including any entries deemed to be ineligible or rejected by the Promoter in accordance with these terms, warrants that any entry submitted for the Promotion is their original work and does not infringe the intellectual property rights, privacy rights or any other rights of any person. Where an Entry includes any third-party material, the Entrant warrants that they have obtained all necessary consents for such use.

3.4  This promotion is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram or Meta. Entrants release Meta from all liability relating to this promotion.

4. PRIVACY AND PERSONAL INFORMATION

4.1  We may collect and disclose your Personal Information to any Sponsor, Partner or another organisation we are partnering with where necessary to enable Prize fulfilment, or any other person authorised by applicable law, including the Privacy Act 2020.

4.2  Please refer to the Promoter’s Privacy Policy at saferfarms.org.nz/privacy-policy for further details regarding information handling, storage, rights, and complaints, including how to access, request and/or amend Personal Information.

5. DATA COLLECTION AND REPORTING TO ACC

5.1  The Promoter is affiliated with the Accident Compensation Corporation (ACC) through a formal partnership agreement (Partnership).

5.2  By entering this Promotion, Entrants acknowledge the Partnership and consent to the Promoter disclosing data (including Personal Information) (Data) to ACC for the purposes of:

(a)  monitoring and/or evaluating the impact of the Promotion;

(b)  the Promoter’s performance reporting to ACC; and

(c)  any other reasonable purpose determined by the Promoter.

5.3  Further information about the Partnership can be found here.

5.4  ACC’s privacy notice can be found here: ACC Privacy Notice and by contacting ACC at information@acc.co.nz or at Justice Centre, 19 Aitken Street, PO Box 242, Wellington 6140.

6. GENERAL CONDITIONS

6.1  The Promoter reserves the right, subject to all applicable laws, to at any time and in its sole discretion:

(a)  cancel, suspend, amend, vary or terminate the Promotion or these Terms, whether in whole or in part, without prior notice, including in circumstances where the Promotion cannot reasonably proceed as planned due to unforeseen technical, security or other events outside the Promoter’s control;

(b)  invalidate or disqualify any Entry or Entrant that it reasonably believes to have breached these Terms or acted fraudulently, deceptively, unlawfully or in a manner prejudicial to the reputation of the Promotor or the fairness or integrity of the Promotion;

(c)  make any decisions in connection with the Promotion which shall be final and binding and no correspondence shall be entered into.

6.2  The Promoter accepts no responsibility for technical failures (including website, network, device, software, or other system issues), lost, delayed, incomplete, misdirected or corrupt entries, or for entries not received due to any reason beyond its control.

6.3  Each clause in these Terms operates to the fullest extent permitted by law. Any implied warranties, terms or conditions are excluded to the maximum extent permitted by law.

7. LIABILITY AND INDEMNITY

7.1  Except as expressly and specifically provided in these Terms:

(a)  The Promoter will have no liability for any damage caused by errors or omissions in any information, document or sets of documents, instructions or content provided to Promoter by an Entrant; and

(b)  all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded.

7.2  The Promoter and its employees, agents, and directors will not be liable whether in tort (including for negligence or breach of statutory duty), contract (except as provided in clause 7.3 below), misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with a Promotion.

7.3  The Promoter's total aggregate liability to an Entrant in contract arising under or in connection with a Promotion will be limited to:

(a)  in the case of a discount code Promotion, the dollar value of the relevant discount; and

(b)  in all other cases, $1.00.

7.4  Each Entrant must take all reasonable steps to mitigate any loss or damage it may suffer under or in connection with a Promotion (including as a result of a breach of these Terms by the Promoter).

7.5  Each Entrant agrees that where it is entering the Promotion for the purposes of a business:

(a)  the guarantees provided under the Consumer Guarantees Act 1993; and

(b)  sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986,

will not apply.

7.6  Each Entrant must indemnify and keep indemnified the Promoter, its related companies, officers, employees, contractors and agents from and against any loss, liability, expense or damage suffered or incurred, arising in connection with:

(a)  a breach of these Terms by the Entrant; or

(b)  any act or omission of the Entrant, including negligence or wilful misconduct.

8. DISPUTE RESOLUTION AND GOVERNING LAW

8.1  These Terms are governed by the laws of New Zealand, and each Entrant agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.

9. MISCELLANEOUS

9.1  If any provision in these Terms is held by any court or competent authority to be invalid, illegal or unenforceable, that provision must, so far as possible, be interpreted in a way that renders it valid. If this is not possible, it shall be deemed severed and the remaining provisions remain in full force and effect.

9.2  These Terms constitute the entire agreement between each Entrant and the Promoter in relation to the Promotion and supersede all previous representations, communications, agreements or understandings, either oral or written.

9.3  No waiver of any right or obligation under these Terms shall be effective unless in writing and signed by the party waiving the right.

9.4  The Entrant may not assign, transfer or otherwise deal with any rights under these Terms without the prior written consent of the Promoter. The Promoter may transfer or assign any of its rights or obligations to any affiliate at its sole discretion.

10. CONTACT

All enquiries regarding the Promotion and these Terms should be directed to the Promoter, having its registered office at Safer Farms c/- Rival Accounting, 2 Michael Street Masterton, New Zealand, 5810. For any questions about either offer, contact info@saferfarms.org.nz.

11. DEFINITIONS

For the purposes of these Terms, unless the context otherwise requires:

Entrant means any natural person who enters the Promotion, including any entries deemed to be ineligible or rejected by the Promoter in accordance with these terms,

Eligible Entrant means a natural person who satisfies the eligibility criteria set out in the Terms and the relevant Specific Terms.

Entry (or Entries) means a valid entry submitted for a Promotion in accordance with these Terms and the relevant Specific Terms.

Personal Information has the same meaning provided in the Privacy Act 2020 and may also include information relating to an Entrant’s Entry to the Promotion.

Promoter means Agricultural Leaders’ Health and Safety Action Group Incorporated (Safer Farms), having its registered office at Safer Farms c/- Rival Accounting, 2 Michael Street Masterton, New Zealand, 5810. For any questions about either offer, contact info@saferfarms.org.nz

Promotion means a promotion conducted by the Promoter in accordance with and subject to these Terms and the relevant Specific Terms.

Privacy Policy means the Promoter’s privacy policy, available at saferfarms.org.nz/privacy-policy

Relevant Social Media Platforms means any of the following platforms that may be used by from time to time the Promoter and any Partner or Sponsor in relation to the Promotion:

(a)  Facebook;

(b)  Instagram;

(c)  Or LinkedIn.

Sponsor means any organisation as described in the Specific Terms

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