Terms and Conditions
1. These terms and conditions (“Terms”) apply to all participants in the BMW NZ Polo Quiz.
2. The Competition has been developed by Journey Digital Limited, New Zealand company number 1113154 (“Journey”).
3. The promoter is BMW New Zealand Limited, trading as BMW Group New Zealand.
4. The Competition is only open to residents of New Zealand that are 18 years of age or older. Employees of BMW New Zealand, Journey Digital or agencies associated with this Competition, and their immediate families, are ineligible to enter.
5. The Competition starts on Wednesday 22nd January and ends on the 22nd of February.
6. The following terms and conditions apply to your registration:
(a) You must enter your first name, last name, email, phone number and agree to being
(b) Over the age of 18. You warrant that all information you enter is accurate and complete, and agree to promptly update that information should it change.
(c) You are not permitted to register using another person’s authentication details.
(d) You must hold a full, valid, New Zealand Drivers Licence.
7. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders our ability (or that of a third party involved with the Competition) to proceed with the Competition on the dates and in the manner described in these Terms, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war or act of terrorism, our obligations in respect of the Competition will be suspended for the duration of the event and, in addition, we may in our absolute discretion cancel the Competition.
Competition Entries
8. All Competition entries must be submitted via the Quiz App.
9. Any entry which is incomplete, illegible or otherwise does not comply with the Rules and/or these Terms will be disregarded.
10. Neither BMW New Zealand Limited or Journey Digital Limited, (or any of our respective employees or agents, or any other party involved in creating, producing or delivering the Competition) have any responsibility or liability for late or undelivered entries, communications or for any technical failure, malfunction or difficulty, or any other event causing disruption to or corruption of the Competition.
11. We may suspend or cancel the Competition or your participation in it at any time without notice.
Competition Prize
12. There is 1 type of prizes to be won:
(i) A loan of 1 x BMW 1 Series for a weekend (Friday afternoon to Monday morning).
(ii) 1 night stay at the Park Hyatt Hotel, Auckland.
(iii) $300 food and beverage voucher to spend at the Park Hyatt.
(iv) BMW luggage set
13. The winner will be selected at random on 24th February and by contacted via email. If a winner doesn’t not respond within 7 days of the prize draw, that winner will forfeit the prize and a redraw will be made on the same terms and conditions as the original draw. The Judge’s decision is final. The Judge is BMW New Zealand Ltd.
14. The prize is not exchangeable, transferable or redeemable for cash.
15. The prize can be changed at BMW Group New Zealand’s discretion.
16. BMW Group New Zealand and Journey Digital are not liable for any malfunctions or issues which may occur with any items or services supplied by the Park Hyatt as part of the prize pack.
17. The dates available and BMW model provided will be at BMW Group New Zealand's discretion.
18. The vehicle must be collected and returned from BMW Group New Zealand’s Head Office, in Auckland at the winners expense (prize does not include travel to and from Head Office).
19. The driver of the vehicle must sign a vehicle loan agreement with BMW Group New Zealand and adhere to the terms of the loan agreement; a KM limit of 500 kms will be stipulated in this agreement.
20. Only the prize winner is able to drive the vehicle.
21. If it is deemed the vehicle is used for any improper or unlawful activity the loan term of the car will be terminated immediately. Insurance excess is the responsibility of the prize winner / driver (full details of insurance will be provided in the vehicle loan agreement and must be adhered to).
22. The vehicle will have a full tank of fuel when collected; the winner must return the vehicle with a full tank of fuel. All fuel costs are the responsibility of the winner during the loan period.
23. BMW Group New Zealand is not responsible for any offences committed, or fines or fees incurred, by the prize winner while driving the vehicle during the loan period To the extent permitted by law, BMW Group New Zealand, its employees and agents shall not be liable for any claims, losses, damages, injuries, costs and expenses (whether direct, indirect or consequential) suffered, sustained or incurred as a result of, or arising out of, or in any way connected with this promotion and/or its prize.
24. Neither BMW Group New Zealand nor its agents take any responsibility for the quality of the prize once it has been issued to the winner.
25. BMW Group New Zealand reserves the right to change any of the terms and conditions applying to this promotion or to modify, terminate, suspend or reschedule this promotion.
26. BMW Group New Zealand reserves the right to disqualify any individual who tampers with the entry process.
Privacy / Data Use
27. Information BMW New Zealand Limited collects from you, whether through your Competition entry or otherwise will be held in accordance with the Privacy Act 1993 and these Terms.
28. In addition to the information referred to in our Privacy Policy, you authorise Journey Digital to collect the following information via your entry:
(a) Your personal details submitted when purchasing.
29. You authorise Journey Digital to use information supplied by you, or which we have collected through you.
(a) Confirming and verifying your Competition entry;
(b) Administering your registration;
(c) Facilitating the provision of prizes to you (if you are a winner);
(d) Contacting you (including via phone, text or email) about products, special offers or promotions we think you may be interested in. You may unsubscribe from receiving communications from BMW New Zealand Limited about products, special offers or promotions at any time by following the unsubscribe instructions in the email, or by contacting BMW via any of the contact points listed at clause 45 below. We will not sell, distribute or share your data / personal information to a third party except as provided for in these Terms, the Privacy Policy or where otherwise authorised by you.
30. BMW New Zealand Limited is the owner of all data input into the Store.
31. By entering the Competition, you give us permission to use your name for promotional purposes without further compensation. We may also require a photograph of you or filmed content as a winner of the Competition for promotional purposes, to the extent permitted by law. Winners may be required to be filmed receiving their ticket and may be required to be used for future promotional content.
32. You agree not to:
(a) impersonate another person or use a false name or name you are not authorised to use, or create a false identity or email address or try to mislead others as to the identity or origin of any communications; publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information to the hashtag #BMWNZPoloOpen
Liability
33. Under no circumstances will we, our employees or our agents be liable to you in contract, tort (including negligence), equity, statue, regulation or otherwise for any loss, damage, injury (including personal injury), costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct, indirect or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your use of the App.
34. By entering the Competition, and/or continuing to participate in it, you release BMW New Zealand Limited, Journey Digital, and our respective associates, partners and agents from any responsibility or liability, howsoever caused, to yourself, your property or any third party or their property for damages, losses or injury (including (without limitation) entering, downloading and/or relying on any content from the App).
35. You agree to indemnify BMW New Zealand Limited and Journey Digital (and our respective employees and agents) from and against all and any expenses, losses, liabilities, damages and costs of any nature (including solicitor and own client costs) incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of the App your participation in the Competition, your reliance on any of the content accessed via the App and/or a breach of these Terms.
36. We reserve the right to amend or replace these Terms or the Rules from time to time. Amendments will be effective immediately upon notice being made on the App.
37. If any provision of these Terms is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and the remaining provisions shall continue in full force.
38. If we delay or do not exercise any of our rights or remedies under these Terms, that will not be a waiver of the right or remedy.
39. These Terms are governed by the laws of New Zealand and subject to the exclusive jurisdiction of the Courts of New Zealand.
Contact
40. If you have any questions about these Terms or for further information please contact:
Journey Digital Limited
317 New North Road
021 891 984