Standard promotion and competition rules
Kiwi Property Promotion Terms and Conditions
- From time to time, the promoter, Kiwi Property (referred to as the “Promoter” or “Kiwi Property” going forward) runs various promotions and competitions related to shopping centres within the Kiwi Property portfolio or that are managed by Kiwi Property, including via the Websites, in its shopping centres and via its mobile applications (“App”) (collectively, the “Promotion”).
- The terms provided below (the “Promotion Terms and Conditions”) apply to all Kiwi Property Promotions excluding those run over social media which are governed by Kiwi Property’s Social Media Terms and Conditions. You agree to our Promotion Terms and Conditions when you enter a Promotion.
- The Promotion Terms and Conditions are a base set of terms and conditions under which Promotions are carried out. Specific promotions may have additional terms and conditions and each Participant needs to check the relevant Kiwi Property Website for full details. The specific terms and conditions will prevail if there is an inconsistency with these terms.
Entering a Promotion
- Participants enter a Promotion by complying with the Promotion Terms and Conditions, following directions provided by Kiwi Property from time to time and/or any specific promotion terms.
- Participants warrant that all information submitted by them is complete, true, correct and does not infringe anyone’s rights. Entry to a Promotion is limited to one (1) per person unless stated otherwise.
- The Participant shall be solely responsible for any costs involved in entering the Promotion and ensuring entries do not get lost or misdirected (Kiwi Property is not responsible to the extent that the lost/misdirected entry is caused by an issue outside its control).
- Where the Promotion allows entry to persons under 18, they must obtain the consent of their parent or legal guardian. The Promotion Terms and Conditions bind the under 18 Participants and any parent or legal guardian who gives their consent. Some prizes may only be suitable for collection and ownership by the parent or legal guardian. Kiwi Property may make this election at any time in its sole discretion without prior notice.
- All Participants in any Promotion must be New Zealand residents (unless stated otherwise) and may be required to provide proof of this. Kiwi Property and retailers at Kiwi Property owned or managed properties, their respective employees and immediate family members of employees (including spouse, de-facto, child, or family residing at same address), are unable to enter Promotions.
- Kiwi Property may refuse any entry to any Promotion at its reasonable and sole discretion including for breach of these Terms and Conditions, where incomplete, ineligible, or incomprehensible entries are made or if it becomes apparent that a Participant is using technology to circumvent single entry conditions or other improper or unlawful conduct (which may lead to disqualification from all Promoter Promotions and loss of any prize awarded).
- Prize draws are conducted at a date and time specified by Kiwi Property. Winning Participants of a Promotion will be contacted via the details provided at the time of entering the Promotion within a reasonable time after the applicable prize draw. They must pick up their prize within the agreed timeframe or it will be forfeited.
- Kiwi Property will make 3 attempts to contact a winning Participant(s) or 1 attempt where made by live draw, with the prize being forfeited if the Participant cannot be contacted. The Promoter reserves the right to re-draw the prize if it is unable to contact a winning Participant(s) and will redraw using the same process.
- Where the winning Participant(s) of any Promotion is required to claim the prize in-person, proof of identity is required (including parent/legal guardian if needed). Not providing this information within a reasonable timeframe (as decided by Kiwi Property) will lead to ineligibility for the Promotion prize. Kiwi Property is not able to post prizes (including gift cards). They must be picked up in person at Customer Service (unless otherwise noted in the terms and conditions). Opening hours for the centre can be found on the centre website.
- By partaking in the Promotion, all winning Participant(s) agree to participate in all promotional, public, or marketing activity reasonably requested by the Promoter, related entities and its agents in connection with the Promotion and the use of the winning Participant’s name, image or voice (including photograph, file and/or recording of the same) for an unlimited period of time without remuneration or compensation.
- To the extent permitted by law, Kiwi Property reserves the right at any time to cancel, terminate, modify or suspend the Promotion which it will not be liable for. Kiwi Property’s decision in relation to any Promotion is final.
- All prizes must be taken as offered and are not transferable, refundable, exchangeable for cash or kind.
Remedies, responsibilities and disclaimers
- A Participant may have rights under the Consumer Guarantees Act 1993. These are not excluded or limited by anything set out in these Terms and Conditions.
- Kiwi Property its directors, officers, employees or agents, and any participating sponsors, retailers and their associated agencies and companies 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 the Promotions or prize or the use of the applicable prize.
- Any winning Participant(s) takes the prize at their own risk and indemnifies Kiwi Property in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The winning Participant(s) is responsible for all insurance, tax and other costs that may be associated with the prize.
- If a Participant enters Promotions that Kiwi Property has run via Facebook, entry constitutes acceptance of Facebook’s terms and conditions including a complete release of Facebook’s liability to each Participant except as cannot be excluded by relevant laws. Participants may be able to use a Kiwi Property Centre’s App to enter a Promotion. If so, the Participant is responsible for maintaining the strict confidentiality of their login details and is responsible for any activity under their App account. Each Participant agrees to immediately notify Kiwi Property of any unauthorised use of their account or password or any other breach of security. Kiwi Property will not be responsible or liable for any loss or damage arising from a Participant’s failure to comply with the requirements of this clause or arising out of App use. Downloads/using the App, constitutes acceptance of the App terms.
Intellectual Property and Privacy
- Kiwi Property owns any intellectual property subsisting in the entry forms and materials contained within them that Participants provide.
Definitions and Interpretation
For the purpose of these Website and Promotion Terms and Conditions:
- “Kiwi Property” is Kiwi Property Group Limited (or one of its related companies as that term is defined by the Companies Act 1993).
- “Websites” means any or all of the following websites:
- “Participant” means a person who enters into or participates in a Promotion.