Vulcan Lane Diamond Promotion Terms and Conditions

Part A: Key terms for this Competition

1 Introduction: You must read and agree to these terms and conditions (‘Terms’) as a condition of entering this competition (‘Competition’). By entering the Competition you agree that you have read, understood and accepted all of these Terms.

2 Organiser: The organiser of the Competition is Michael Hill International Limited (‘Michael Hill’). Michael Hill will run the Competition at the Michael Hill store at the corner of Vulcan Lane and Queen Street, Auckland 101, New Zealand (the ‘Vulcan Lane Store’). The Competition will involve the distribution by Michael Hill of approximately 1,500 replica diamonds (‘Replicas’) to individuals who are nearby to Vulcan Lane in the Auckland CBD. Three (3) of the Replicas will be coded with the words ‘WE LOVE VULCAN LANE’, visible only with a jeweller’s loupe. Receipt of one of those 3 Replicas may entitle the recipient to win a Prize, subject to the conditions set out below.

3 Eligibility: A person is eligible to enter and may only enter the Competition if that person is:
  • a) eighteen (18) years of age or older;
  • b) ordinarily resident in New Zealand; and
  • c) not an employee (or an immediate family member or resident of the same household of an employee) of Michael Hill or any companies affiliated with Michal Hill, including its advertising and promotion agencies.
4 Prize: There are three (3) prizes to be won, each consisting of a Designer Fashion Tanzanite and Diamond Pendant (SKU 12694877), with a retail value of approximately NZD$2,799 (each, a ‘Prize’). The Prizes are not transferable and cannot be redeemed (in whole or part) for cash or credit or be exchanged for another item. All costs associated with each Prize are the sole responsibility of each Prize Winner.

5 Competition Period: The Competition opens at 10.00am NZDT on Friday 11th September 2015 (‘Opening Date’). All entries must be received by Michael Hill by 6.00pm NZDT on Sunday 13th September 2015 (‘Closing Date’). The period commencing on the Opening Date and expiring on the Closing Date is the ‘Competition Period’.

6 How to enter: To enter the Competition, you must, before the Closing Date:
  • a) take a Replica received from a Michael Hill representative during the Competition Period to the Vulcan Lane Store; and
  • b) ask a sales assistant at the Vulcan Lane Store to inspect the Replica with a jeweller’s loupe to see whether it is coded with the words ‘WE LOVE VULCAN LANE’.
After you have entered the Competition you may request a voucher which will entitle you to 10% off your next purchase at the Vulcan Lane Store (a ‘Discount Voucher’). The Discount Voucher will be valid until 31 December 2015. Use of the Discount Voucher is subject to any additional terms and conditions notified on this voucher. Only one voucher will be provided per person. Michael Hill is not responsible if an individual receives a Replica, but fails to enter the Competition through the process set out in this paragraph 6, nor is Michael Hill responsible for any failure by any Michael Hill representative to reveal a coded Replica. Although Michael Hill representatives will endeavour to ascertain eligibility in line with paragraph 3 at the time they distribute the Replicas, receipt of a Replica does not make an entrant eligible to enter the Competition if that person is not eligible under paragraph 3 above.

7 Claiming the Prize: If the Replica you present at the Vulcan Lane Store is revealed to be coded with the words ‘WE LOVE VULCAN LANE’, a Michael Hill staff member may require you to provide certain information including:
  • a) Your name, address and contact details;
  • b) Confirmation of your age; and
  • c) Any other information considered necessary by Michael Hill.
If reasonably satisfied with the information and the Replica provided, the Michael Hill staff member will provide you with a Prize (an ‘Initial Winner’).

8 How to enter the Second Chance Draw: If you made a valid entry in accordance with paragraph 6 during Competition Period but were not an Initial Winner in the Competition, you may enter into the draw to win any Prizes that remain unclaimed at the Closing Date (‘Second Chance Draw’) by, before the Closing Date:
  • a) filling in an entry form available at the Vulcan Lane Store; and
  • b) depositing that entry form in the promotion box in the Vulcan Lane Store.
9 Second Chance Prize Draw: If there are Prizes that have not been claimed within the Competition Period, entries in the Second Chance Draw will be drawn randomly by Michael Hill following the Closing Date. Each remaining Prize will be allocated to the valid entries first drawn by Michael Hill (‘Second Chance Winner’). If all Prizes are claimed within the Competition Period there will be no Second Chance Draw.

10 Notification of Second Chance Winner: Michael Hill will attempt to contact each Second Chance Winner (if any) following the Second Chance Prize Draw, on or about 15 September 2015 using the details provided through the Second Chance Draw entry form, and may provide the Second Chance Winners with further instructions regarding the process that the Second Chance Winners must follow to claim the Prize.

11 Claiming the Prize in the Second Chance Draw: Any Second Chance Winners must, within 48 hours of Michael Hill’s first attempted communication with the Second Chance Winners under paragraph 10, respond to Michael Hill in the manner instructed by Michael Hill and provide upon request:
  • a) confirmation of the Second Chance Winner’s identity, age, and usual country of residence;
  • b) a valid postal address to which the Prize may be sent; and
  • c) any other information considered necessary by Michael Hill.
12 Collection of the Prize in the Second Chance Draw: Collection of any Prizes allocated in the Second Chance Draw will be by arrangement with Michael Hill, and must be made by 6.00pm NZST on 12 October 2014, or the Second Chance Winner will forfeit the Prize, in which event Michael Hill will select another Second Chance Winner by random draw (in accordance with the process set out in paragraphs 9 to 12 applying to such Second Chance Winners).

13 Winners: There will be three winners in total, made up of Initial Winners and/or Second Chance Winners (‘Winners’). The Winners names and or other details will be announced on Michael Hill’s website at www.michaelhill.co.nz after 12 October 2015, and may also be published on Michael Hill’s Facebook page, and published or disclosed through any other channel or medium deemed appropriate by Michael Hill.

14 Consent to marketing: By entering the Competition you consent to Michael Hill’s collection, use and storage of the information provided for Michael Hill’s business purposes, including storing such in one or more Michael Hill marketing databases. You also agree to receive marketing communications, updates, and special offers from Michael Hill. You may unsubscribe from email marketing communications by using the unsubscribe link that is provided in the communication.

15 One entry per person: Except as provided in this paragraph 8 you must not submit more than one entry for the Competition. If any single individual comes into possession of more than one Replica, only the first Replica will be considered for an entry into the Competition, and will entitle the entrant an entry into the Second Chance Draw (if that person is eligible to enter the Competition), if it is not found to be coded, and only the first Replica will entitle the entrant to receive a Discount Voucher. If you are not an Initial Winner, you may submit one entry only into the Second Chance Draw. Multiple entries by a single entrant will be deemed void.

Part B: General terms for this Competition

16 Failure to claim Prize: If the Winner does not claim or collect the Prize and provide all necessary documentation or information upon request in accordance with paragraph 7 or 11 (as the case may be), that Winner will forfeit the Prize, in which event Michael Hill may reallocate the Prize in accordance with these Terms.

17 Rights and responsibility of Michael Hill: Michael Hill assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstances of any kind, which may affect an entry or your participation in the Competition. Michael Hill, in its sole discretion, may disqualify any entry that is incomplete, forged, or otherwise tampered with in any way, or that has been made by automating or manipulating the entry process, or in any other way that Michael Hill considers to be inappropriate. Michael Hill reserves the right to verify the validity of entries.

18 Expenses related to Prize: Each Prize consists solely of one of the items listed in paragraph 4 above. All expenses related to each Prize are the sole responsibility of each Winner. The Winners are advised that tax implications may arise from winning the Prize and that they should each seek independent tax advice prior to accepting the Prize.

19 Decisions: Michael Hill’s decisions regarding all aspects of this Competition including, without limitation, decisions regarding the eligibility of entries, the conduct of the Competition, the interpretation of these Terms and the allocation of the Prize, are final and not subject to challenge. No correspondence will be entered into. To the maximum extent permitted by law:
  • a) no decisions of Michael Hill may be challenged on any grounds, including (without limitation), due to any alleged or actual failure of Michael Hill or the judge to act reasonably, in good faith, or fairly; and
  • b) the decisions of Michael Hill will remain binding and final even if those decisions are challenged on any ground that they are wrong based on any factual error or based on any unreasonable, irrational, or irrelevant consideration.
20 Cancellation, changes or substitution: Michael Hill reserves the right at any time to cancel this Competition, or to supplement or change any condition of this Competition, without notice. Michael Hill reserves the right to substitute the Prize (due to unavailability or for any other reason) with a different Prize of equal or greater monetary value.

21 Publicity: By entering into this Competition, the Winners:
  • a) agree to be interviewed and photographed and agree to be available for interviewing, photography and for other public relations and promotional activities associated with this Competition, as requested by Michael Hill; and
  • b) consent to their name, photograph and likeness being recorded, reproduced, published, copied, communicated and otherwise used by Michael Hill for advertising, publicity and promotional purposes through any media, including the Internet, any television programme, video recording, or printed or electronic materials throughout the world, in perpetuity, and without the need for any reward or compensation.
22 Privacy: Personal information provided by you may be stored and used by Michael Hill:
  • a) for the purposes of conducting the Competition; and
  • b) for additional purposes (such as research, promotion, or marketing activities to provide you with information and promotional material). Personal information will not otherwise be used or disclosed by Michael Hill, except as required or permitted by the New Zealand Privacy Act 1993 or by other applicable laws.
The collection, use, and disclosure of personal information provided in connection with the Competition are governed by Michael Hill’s Privacy Policy. Michael Hill’s Privacy Policy may be viewed at http://www.michaelhill.co.nz/customer-service-privacy-security/privacy-policy.html. You may request access to, or correction of, personal information held by Michael Hill about you by writing to Michael Hill at 7 Smallwood Place, Murrarie, Brisbane, QLD 4172 Australia.

23 Warranties: To the maximum extent permitted by law, Michael Hill (and its subsidiaries, related companies, associated entities, employees, contractors and agents) disclaim all guarantees, warranties, and representations of any kind (whether express, implied or statutory) in respect of this Competition, the Prize, and the claiming and use of the Prize.

24 Liability: Acceptance and use of the Prize is at the Winner’s own risk and is solely his or her responsibility. To the maximum extent permitted by law, Michael Hill (and its subsidiaries, related companies, associated entities, employees, contractors and agents) shall not be liable for any personal injury, loss, damage (whether direct or indirect), cost, or expense howsoever caused (including through negligence or breach of statutory duty) arising out of or in connection with:
  • a) this Competition, the Prize, or the claiming or use of the Prize;
  • b) any acts or omissions of Michael Hill;
  • c) any act of God, or other event or occurrence beyond the control of Michael Hill.
25 Breach of Terms: If you breach any of these Terms, Michael Hill may disqualify you from the Competition and the Prize may be withheld or withdrawn, in each case at the discretion of Michael Hill.

26 Governing Law: This Competition and these Terms shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this Competition or these Terms. You submit to the jurisdiction of the New Zealand courts and agree that the New Zealand courts are a convenient forum in which to resolve any issue or dispute concerning this Competition.