- YOUNG & HEASOOK LTD T/A BAYS DENTAL STANDARD COMPETITION TERMS
Definition and interpretation:
For the purposes of these Standard Promotion and Competition Rules:
"Participant" or "Entrant" means a person who enters into or participates in a Promotion or competition ran by Bays Dental. Participant and Entrant are used interchangeably throughout these Terms and Conditions.
"Promoter" is Young & Heasook Ltd T/A bays Dental
Where the context requires or admits, words importing the singular shall include the plural and vice versa.
- 1. Application:
These Standard Competition Terms ("Terms") apply to all promotions and competitions of Young & Heasook Ltd T/A Bays Dental ("Bays Dental") that are stated to be subject to Bays Dental''s Standard Competition Terms. These Terms form an agreement between each entrant ("you") and Bays Dental.
- 2. Entry information:
(a) Competition name: "Freshen Up" Giveaway
(b) Start and finish dates for the Competitions: The competition runs from 1 March 2018-.30 April 2018
(c) How to enter the Competition:Visit the Hygienist and receive a Scale and Polish or Whitening Treatments during March or April 2018. Complete entry form and drop into entry box provided at reception desk by no later than 30 April 2018)
(d) Date of the prize draw: A winner will be drawn and announced on 1 May 2018 .
- (e) Entry into any Promotion is deemed acceptance of these Terms and Conditions.
- 2.1 The prize:
- 1x Waterpik- Waterflosser
- 1x Electric Toothbrush
- 1x Colgate Sensitive Pro Relief tooth paste
- 1x Colgate Neutrafluor 220 mouth rinse
- 1x Interdental brushes size 2
- 1x Reach Flosser starter pack
- 1x Oral B Ultra Floss
* Make and models of products might vary depending on availability
-Prize includes no other products or services
* Excludes any other costs except those stipulated as being included in the prize above
- 3. Eligibility:
The Competition is open to New Zealand residents that are at least 18 years old at the time of entry (or approval by parent or guardian in the case of minors) and that comply with these Terms and any Specific Terms. Employees of Bays Dental and related entities and any Competition Sponsors, as well as the immediate families of such employees, are not eligible to enter the Competition.
- 4. Entry:
You may enter the Competition by following the Entry Instructions during the Entry Period. Unless otherwise set out in the Entry Instructions, you may only enter the Competition once. If your entry is received by Bays Dental outside the Entry Period, or you do not follow the Entry Instructions and comply with these Terms (including any Specific Terms), you may be disqualified from the Competition. By submitting an application or entry form (or similar) each Entrant warrants that all information submitted is true and correct. Incomplete, ineligible or incomprehensible applications/entries will be deemed invalid.
- 5. Application:
These conditions ("Terms and Conditions") apply to all Young & Heasook Ltd T/a Bays Dental promotions or competitions (collectively "the Promotion") conducted by any of the following mediums (or combination of the same) – radio, television, print, electronic messaging, mobile phone apps and internet.
- 6. Acceptance:
By entering the Promotion/Competition a Participant is deemed to accept and agrees to be bound by these Terms and Conditions.
- 7. Other Costs:
The Participant shall be solely responsible for any costs involved in entering the Promotion.
- 8. Age:
Participants aged under 18 years of age must (where the Promotion allows entry) obtain the consent of their parent or legal guardian to enter the Promotion. These Terms and Conditions are deemed to bind the Participants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years).
- 9. The Terms and Conditions Changes:
The Terms and Conditions may change and be updated from time to time and Participants should check for regular updates and any specific competition terms and conditions.
- 10. Specific T&C's:
If a particular Promotion has specific rules or terms and conditions, those specific rules or terms and conditions (as applicable) apply. If there is any inconsistency the specific rules trump these Terms and Conditions.
- 11. New Zealand residents:
All Participants in any Promotion must be New Zealand residents and, in addition to the requirements of clause 15 below, proof of such residency status may be required before any prize is handed over to any Promotion winner.
- 12. Suitability:
The Promoter may run certain promotions where prizes may only be suitable for collection and ownership by the parent or legal guardian who gives their consent. The Promoter may make this election at any time without prior notice.
- 13.Prize Draws:
Any prize draws will be conducted at a date and time to be determined by the Promoter. No correspondence will be entered into regarding any prize draws or results of any competition.
- 14. Prizes as is:
All prizes must be taken as offered and are not transferable, refundable, exchangeable for cash or kind.
- 9. Determining and contacting the winner(s):
No correspondence will be entered into and special terms as regards to notification and collection may be applied to particular Promotions at the Promoter's sole discretion.
Unless specified in the Specific Terms, the winner of the Prize will be drawn at random. All valid entries will be taken into consideration. Bays Dental will take reasonable steps to contact the winner by using the contact details provided at the time of entry. However, if Bays Dental cannot contact a winner within one week of the Prize Determination Date (despite reasonable efforts to do so) or if the winner is otherwise unable or unwilling to accept the prize for reasons outside Bays Dental's reasonable control, then the winner will forfeit the Prize and Bays Dental may conduct a redraw and select a new winner (and may continue to do this until a winner is selected, contacted, and accepts the Prize in accordance with this clause).
Where the winner of any Promotion is required to claim the prize in person proof of identity will be required (including confirming consent of an Entrant's parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age). If the documentation required by the Promoter is not received within a reasonable time after request (to be determined by the Promoter at its sole discretion) then the entry of that Participant will be ineligible and deemed invalid.
- 10. Prizes:
Any winner takes the prize at his/her own risk and indemnifies Bays Dental 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 and other costs that may be associated with the prize.
Some or all components of the Prize may be subject to availability, as well as additional terms and conditions imposed by third parties. The winner agrees to comply with all such third party terms and conditions. Prize winners are responsible for arranging and paying for all costs associated with the Prize that are not explicitly stated in the applicable Prize description (including, without limitation, transfers to and from a New Zealand departure point, meals, spending money, insurance, follow-up treatments, complications that might arise from the treatment and other incidentals).
Prizes are not transferrable or exchangeable, cannot be exchanged for cash and all components of the Prize must be taken together. Bays Dental reserves the right to replace any Prize with another prize of equivalent or greater value if the Prize becomes unavailable for any reason outside Bays Dental's reasonable control.
The Prize winner is responsible to arrange their own bookings/reservations if applicable and prize must be redeemed before the expiry date where applicable. In the case of the prize involving reservations, The Prize winner must take into consideration that their preferred reservation booking date is subject to availability, and early booking is advised to avoid disappointment.
Bays Dental, any participating sponsors, retailers and their associated agencies and companies or staff shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with their prize or the use of the applicable prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- 11. Bays Dental services:
Where the Prize includes certain Bays Dental services ("Prize Services") for a certain period of time/set time only ("Prize Period"), the Prize Services will automatically continue at the end of the Prize Period unless the winner expressly requests otherwise, and the winner will be charged standard service rates for the continuation of the Prize Services after the Prize Period.
- 12. Promotion:
The winner must make themselves available for promotional and publicity purposes on reasonable notice from Bays Dental or any other parties involved. Bays Dental may use all winners' names and photographs for promotional and media purposes without compensation and all intellectual property rights including copyright in any such promotional material will belong to Bays Dental.
- 13. No warranties:
By entering into the Competition, you acknowledge and agree that Bays Dental has not made any representations as to the quality or fitness for purpose of the Prize or products used for the Prize.
- 14. Liability:
Subject to any applicable law that cannot be excluded, Bays Dental, and their employees and agents will not be liable for any loss or damage or injury by or to any person whatsoever (including but not limited to direct, indirect or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection with the Competition or the Prize. Without limiting the previous sentence, Bays Dental is not responsible for any late, misdirected or incorrectly completed entries, or any technical malfunction, delay or loss of data that occurs in the course of the administration of the Promotion/Competition, however caused.
15. Decisions are final and breaches:
Bays Dental's decisions on all matters regarding the Competition are final and no correspondence will be entered into. Bays Dental may change these Terms at any time. The Terms that apply to you are the Terms that are in effect at the time you enter the Competition. If Bays Dental cannot reasonably run the Competition as planned for any reason, Bays Dental reserves the right to cancel this Competition.
Bays Dental reserves the right in its sole discretion to disqualify any Entrant who Bays Dental or any of its promoters have reason to believe has breached any of the conditions, or engaged in unlawful or improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. No correspondence will be entered into in this respect.
- 16. Personal information:
Bays Dental and the Competition Sponsors may collect and use personal information about you for the purpose of administering the Competition, verifying the validity of entries, contacting winners and checking winners' identities, and marketing the goods and services of Bays Dental, sponsors, and selected other third parties to you and your household (including via electronic message). As certain information is required in order to effectively administer the Competition, if you do not provide accurate information where requested, you may be disqualified from entry into the Competition. Bays Dental will collect, use and hold your information in accordance with our legal obligations, including under the Privacy Act 1993. In order to request access to or correction of your personal information, or if you do not wish to be contacted for marketing purposes, please contact Bays Dental at 252 Forrest Hill Road, North Shore, Auckland or at [email@example.com].
The Promoter requires persons and companies to which it discloses personal information to restrict their use of such information to the purposes for which it has been provided and not to disclose that information to others. The Promoter cannot be responsible, however, for any damages caused by the failure of unaffiliated third parties to honour their privacy obligations to the Promoter. Similarly, the Promoter is not responsible for the privacy policies and practices of other websites/companies that are linked to the Bays Dental website.
All personal information provided will be stored for the Promoter at the clinic in Forrest Hill, North Shore or such other place as notified to the Participant on request. A Participant may gain access to, update, correct or request to remove any personal information by contacting the Promoter or the relevant centre manager for the participating shopping centre. The Promoter respects privacy rights under the Privacy Act 1993 and is required to comply with the privacy principles in respect of collection of personal information from individuals.
- 17. Facebook and/or Other Social Media:
Where the Competition is run via Facebook or other Social Media, the Competition is in no way sponsored, endorsed or administered by, or associated with Facebook and/or other social media. Facebook and/or other social media has no liability in connection with the Competition, and any information you provide in connection with the Competition is provided to Bays Dental and/or the Competition Sponsors, not to Facebook and/or other social media.
- 18. General
Bays Dental reserves the right at any time to cancel, terminate, modify or suspend the Promotion. The Promoter will not be liable for the suspension or termination of the Promotion on any account whatsoever.
All applications/entry forms and any copyright subsisting in the same remains the property of the Bays Dental.
Bays Dental collects personal information about a Participant to include a Participant in the Promotion and where appropriate award gifts and prizes. If the personal information requested is not provided, the Participant may not participate in the Promotion (at Promoter's sole discretion).
By participating in the Promotion, the Participant also acknowledges and agrees that a further primary purpose for collection of a Participant's personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Participant in the future with information on special offers or provide the Participant with marketing materials via any medium or any other communications channel whether existing now or in the future.
The Participant acknowledges that the Promoter may share any personal information collected in order to conduct a Promotion with third parties, including but not limited to sponsors, agents, service providers, prize suppliers and, as required to New Zealand regulatory authorities. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes. At any time Participants may unsubscribe or opt out by providing a written request to Bays Dental.
By partaking in the competition, all prize winners agree to participate in all promotional, public or marketing activity requested by the Promoter, related entities and its agents in connection with the Promotion and the use of the prize winner's image or voice (including photograph, file and/or recording of the same) for an unlimited period of time without any notification, remuneration or compensation.
The Promoter promotes the practice and the Promotions through Facebook and/or other social media.
If a Promotion involves the Participant submitting and or sending materials, to include but not limited to comments, recordings and images ("Content") the Participant, unless the Promoter advises otherwise, licences and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Participants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
Participants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Participants warrant and agree that:
(i) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 13, or otherwise unsuitable for publication;
(ii) they will obtain prior consent from any person or property that appears in their Content;
(iii) they own the intellectual property in the Content or if the Content is not fully owned that they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein before submitting the Content;
(iv) their Content shall not contain viruses or cause injury or harm to any person or entity; and
(v) they will comply with all applicable laws and regulations, including without limitation, those governing copyrights, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Participant agrees to indemnify the Promoter for any breach of this clause.
In the event of any dispute or need for clarification as regards the Terms and Conditions, the Promoter's decision is final and no correspondence will be entered into. The Promoter's decision in relation to all other aspects of the Promotion is also final and no correspondence will be entered into.
Participation in any Promotion is open to all persons (unless excluded in specific terms and conditions) except:
(i) employees of Bays Dental, and
(ii) The above restrictions also apply to immediate family members of such persons covered by (i) above (including any spouse, child, defacto or any other family member residing at the same address as such person).
Any application or entry from any person referred to in clause above will be deemed invalid.
The Terms and Conditions are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
Entry into any Promotion is deemed acceptance of these Terms and Conditions.